Terms and conditions
QuietKat Giveaway – Master Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A QUIETKAT ROVER 750. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
BY ENTERING OR PARTICIPATING IN ANY SWEEPSTAKES, YOU AGREE TO BE BOUND BY THE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THE OFFICAL RULES CAREFULLY. WITHOUT LIMITATION, THIS CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU, REQUIRES MANDATORY ARBITRATION OF DISPUTES AND PROVIDES FOR A LIMITATION ON YOUR LEGAL RIGHTS AND REMEDIES. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, DO NOT ENTER OR PARTICIPATE IN A SWEEPSTAKES.
Introduction. From time to time, QuietKat, Inc. (the “Sponsor)” will host various sweepstakes, promotions, and giveaways (each a “Sweepstakes”). Details of each particular Sweepstakes will be disclosed in a schedule (a “Schedule”) created for each Sweepstakes and posted on the Sponsor’s website at: http://www.quietkat.com (the “Website”). Each Sweepstakes will be governed by the terms of the associated Schedule and these Master Official Rules (together, the “Official Rules”). By allowing yourself to be entered into any Sweepstakes or by entering any Sweepstakes, you agree to be bound by the Official Rules. Decisions of the Sponsor regarding each Sweepstakes including the Sponsor’s interpretation and application of the Official Rules will be final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements set forth in the Official Rules in a timely manner.
Eligibility. To be eligible for a Sweepstakes, in addition to any eligibility requirements that may be set forth in a Schedule associated with a particular Sweepstakes, you must be an individual who, at the time of entry into the Sweepstakes, (a) is a legal resident of one of the fifty (50) United States (including the District of Columbia), (b) is at least the age of majority in your state of residency, (c) if entering the Sweepstakes by the Online Entry method described below, is physically located in one of the fifty (50) United States, and (d) has access to the internet and a valid e-mail address. Employees of the Sponsor and the immediate family members of each and/or those living in the same household of each such employee are not eligible. An “immediate family member” is defined to mean a spouse, parent, grandparent, child or sibling of the applicable person. Entries submitted by or on behalf of entrants who do not meet the eligibility requirements are void. All federal, state, and local laws and regulations apply. Each Sweepstakes is void where prohibited by law.
How to Enter. There are multiple wayss to enter a Sweepstakes
Online Entry. To enter a Sweepstakes after the Sweepstakes Starting Time but prior to the Sweepstakes Ending Time, visit http://www.quietkat.com , complete an online entry form in its entirety including, without limitation, providing your name, mailing address, telephone number and e-mail address, and click the “Submit” button, and you will receive one (1) entry into the Sweepstakes. All Online Entries must be received by the Sponsor prior to the Sweepstakes Ending Time. Online Entries into a Sweepstakes will be “received” when the Website’s servers record the entry information.
Regardless of the method of entry – the Sponsor will accept only one (1) entry per person per Sweepstakes. Entries that are incomplete, illegible, corrupted, damaged, destroyed, false, lost, late, misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from any and all Sweepstakes, at the Sponsor’s sole and absolute discretion. Attempts made by the same individual to submit multiple entries by using multiple e-mails, addresses, accounts, or otherwise may be disqualified. Entries generated by a script, computer program, robot, macro, or other automated means are void and may be disqualified. Entries originated at a website other than the Website are not permitted and may be disqualified. The Website’s database clock will be the official timekeeper for all Sweepstakes.
Prizes; Estimated Value. The prizes to be awarded in each Sweepstakes and the estimated retail value (“ERV”) of each prize will be those specified on the Schedule for the particular Sweepstakes. The ERV of a prize may not be the actual retail value (“ARV”) of a prize. Any difference between the ERV and ARV will not be awarded.
Prizes are non-transferable and non-assignable. Prizes other than cash will not be redeemable for cash or cash equivalents. All prize details not specified in a Schedule will be determined by the Sponsor in its sole and absolute discretion. Prize details and availability are subject to change. In the event that the Sponsor is unable to provide the winner with any particular prize, the Sponsor may elect to provide the winner the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without any warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fit for a particular purpose.
Any prizes that are unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. If winner does not accept or use all or any portion of a prize, any unaccepted or unused portion of a prize will be forfeited, and the Sponsor will have no further obligation with respect to such prize.
Winner Selection. The number of potential winners in a particular Sweepstakes will be set forth in the Schedule for the Sweepstakes. Potential winners will be selected by a random drawing from all eligible entries received in accordance with the Official Rules. The drawing will take place at the Sponsor’s offices. Winners will be determined for a particular Sweepstakes on or about the drawing date(s) and time(s) set forth in the Schedule for the Sweepstakes.
Odds of Winning. Odds of winning will depend upon the total number of eligible entries received for a Sweepstakes.
Winner Notification. If you are a potential winner in a Sweepstakes, you will be notified by the Sponsor, within five (5) days following the drawing, via e-mail at the e-mail address associated with the potential winner’s entry into the Sweepstakes. To claim a prize, you must reply to the Sponsor within forty-eight (48) hours of such notification. If the potential winner for a drawing does not respond to the Sponsor’s prize notification e-mail within forty-eight (48) hours or if the notification is rejected, faulty, unclaimed or returned undeliverable (for any reason whatsoever) to such potential winner, the potential winner may be deemed to have forfeited the prize, and the Sponsor will have the sole and absolute discretion to select, by random drawing, another potential winner from the remaining eligible entries. Before awarding a prize, the Sponsor may require the potential winner to furnish proof of identification and other proof of eligibility under the Official Rules and execute and return documentation such as an affidavit of eligibility, a publicity release, a release of liability, a tax acknowledgement form, and other documents, each within the period of time specified by the Sponsor. If a potential winner is found to be ineligible to participate in the Sweepstakes, or is found to be in violation of the Official Rules, or fails or refuses to execute and return any documentation required by the Sponsor within the time period specified, or declines a prize for any reason, such potential winner may be deemed to have forfeited the prize, and the Sponsor will have the sole and absolute discretion to select, by random drawing, another potential winner from the remaining eligible entries.
If, for any reason, more than one person claims to be the bona fide winner of a particular prize, or more prizes are claimed than are intended to be awarded for any prize level in a Sweepstakes, the Sponsor may, by a random drawing among all persons making purportedly valid claims for such prize(s), determine the winner of the prize. Inclusion in such random drawing shall be each entrant’s sole and exclusive remedy under such circumstances. In no event will more than the stated number of prizes for any Sweepstakes be awarded. Prizes will be shipped by the Sponsor to winners via U.S. Postal Service, FedEx or other courier selected by the Sponsor. Winners will be responsible for providing or confirming a valid U.S. shipping address prior to their prize being shipped. Once a prize is shipped, the Sponsor is not responsible for any prize that is lost, stolen, mutilated, destroyed, misdirected, or undelivered for any reason.
Prize Limitation. Limit one prize per person per Sweepstakes.
Taxes, Fees and Expenses. Each prize winner will be solely responsible for paying all federal, state and local taxes and fees and expenses not expressly stated as being paid by the Sponsor including registration, transfer, title, licensing, or other fees that might reasonably be incurred by the winner in claiming or using any prize. The ARV of a prize awarded to a winner may be reported for tax purposes as required by law. A winner may be required to submit his/her social security number or tax payer ID to the Sponsor in order to claim a prize. An IRS Form 1099 may be issued in the name of a winner. If a winner does not provide his/her social security number or tax payer ID as requested by the Sponsor, the winner will no longer be eligible to receive the prize and the prize will be forfeited.
Publicity Release. Subject to applicable law, each winner irrevocably grants to the Sponsor and its officers, managers, owners, employees, owners, agents, affiliates, and representatives (the “Sweepstakes Parties”) the right and permission to use his/her name, 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 and on and in connection with related products, services, advertising and promotional materials, worldwide, in perpetuity, without any consideration, royalty, obligation or notice, except the awarding of the prize to the winner.
Tampering with Sweepstakes. The Sweepstakes Parties are not responsible for the actions of entrants in connection with any Sweepstakes, including, without limitation, the entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of a Sweepstakes. Persons found tampering with or abusing any aspect of a Sweepstakes, or whom the Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat a Sweepstakes, as determined at the sole and absolute discretion of the Sponsor, may result in immediate disqualification of any entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.The 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 the 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.
Suspension, Modification or Termination of Sweepstakes. The Sponsor further reserves the right to, in its sole and absolute discretion, modify, suspend, or terminate a Sweepstakes and rescind any prize if, in the Sponsor’s sole and absolute discretion, it determines that the Sweepstakes cannot be operated as planned, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Sweepstakes, there are technical difficulties or other failures, there is a 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 a Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control. The Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate any Sweepstakes should causes beyond the Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of that Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (1) tampering with the entry process or the operation of a Sweepstakes; (2) acting in violation of the Official Rules; or (3) acting in an un-sportsmanlike manner.
Disclaimers and Releases. By participating in a Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Parties from and against any and all claims, liabilities, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in a Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrants’ or any other person’s equipment or other property, or to their persons, related to participation in a 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, computer 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 Sweepstakes Parties: (a) 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 any Sweepstakes and/or with respect to any prizes, including, without limitation, to any prize’s quality, merchantability, or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any third person or entity furnishing services, products, or accommodations (“Suppliers”) as a part of the prizes provided in connection with any Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, manufactured, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Parties.
Entrants agree that the Sweepstakes Parties shall have no responsibility or liability for any human error; any illegible, lost, late, incomplete, misdirected, or undeliverable e-mail or entries; any incorrect or inaccurate transcription of subscriptions, registrations, entries and/or account information; any technical malfunctions of any computer, telephone, cable, satellite, internet or electronic network, hardware or software, computer online system, computer dating mechanism, computer equipment, or Internet service provider utilized by the Sponsor or any entrant; interruption or inability to access the Website, or any online service via the Internet due to hardware or software compatibility problems, traffic congestion, or availability problems; any damage to an entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of a Sweepstakes or access to the Website; 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 Sweepstakes Parties.
Each entrant further agrees to defend, indemnify and hold harmless Sweepstakes Parties from and against any and all liability resulting or arising from any Sweepstakes or the award of any prizes, and to release all rights to bring any claim, action or proceeding against Sweepstakes Parties and hereby acknowledge that Sweepstakes 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 any prize, including express warranties provided exclusively by any Suppliers that may be sent along with a prize. The Sponsor is not responsible for the actions of entrants in connection with any Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of a 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/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/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.
Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations of entrants, the Sponsor or the Sweepstakes Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Colorado, 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.
LIMITATION OF LIABILITY. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, 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; (2) 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 (3) 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.
Dispute Resolution and No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the Sweepstakes Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Official Rules or any Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Denver Colorado, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award.
Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Eagle County, Colorado, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action.
Social Media Disclaimer. Although a Sweepstakes may be advertised on the Sponsor’s Facebook, Twitter, Instagram or other social media page, this Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, Instagram or other social media site. Entrants into a Sweepstake are providing their information to the Sponsor and not to Facebook, Twitter, Instagram or other social media site. The information an entrant provides will only be used by the Sponsor. By entering a Sweepstakes, entrants provide a complete release of Facebook, Twitter, Instagram and other social media provider from any and all responsibilities implied or provided by the Sponsor and acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or other social media site.
E-mail Accounts. If there is a dispute concerning the identity of an entrant, only the entry of the authorized subscriber of the e-mail account used to enter a Sweepstakes at the actual time of entry will be deemed to be the entrant. The authorized account subscriber is the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail address.
Winners’ List. You may obtain a list of winners of a Sweepstakes by sending a self-addressed, stamped envelope (Vermont residents may omit return postage) to the Sponsor at: QuietKat , Attn: Sweepstakes Winner List for [Insert the name of particular Sweepstakes for which you request a winner’s list], PO Box 5830, Eagle CO 81631. Winners’ list requests will only be accepted after the end of a Sweepstakes and requests must be received within 60 days of completion of the particular Sweepstakes.
Sponsor. Each Sweepstakes is sponsored by QuietKat Inc, 215 Broadway, Eagle, CO 81631.
Miscellaneous. If any provision of the Official Rules is determined to be invalid, unenforceable or illegal by a court or other tribunal of competent jurisdiction, the other provisions of the Official Rules shall remain in effect and be construed in accordance with the terms as if the invalid, unenforceable or illegal provision was not contained herein.
Conflict. In the event of any conflict with any details in the Official Rules and details contained on the Website, the details in the Official Rules shall prevail.
Terms and conditions
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to QuietKat and not to Facebook. By participating in this promotion you agree to a complete release of Facebook from any claims or liability. Participation in this promotion is subject to the official rules.