No Purchase Required to Enter or Win
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- Eligibility: The Neosensory Buzz Giveaway Sweepstakes (the “Sweepstakes”) is open only to individuals who (a) are legal residents of the United States (including the District of Columbia), and (b) are eighteen (18) years of age or older. Employees of Neosensory, Inc., or other companies associated with the promotion of the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
- Sponsor: The Sweepstakes is sponsored by Neosensory, Inc., 1302 Waugh Drive #447, Houston, Texas 77019 (“Neosensory” or the “Sponsor”) and is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Twitter.
- Agreement to Official Rules: Participation in the Sweepstakes constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sweepstakes Period: The Sweepstakes begins at 9:00 AM PT on September 17, 2020 and ends at 11:59 PM PT on September 24, 2020 (the “Sweepstakes Period”).
- How to Enter: During the Sweepstakes Period, you may enter by doing the following on Instagram, Facebook, or Twitter as provided below, and no other method of entry will be accepted; provided that you may also enter by mail by mailing a 3”x5” card in ink hand print your full name, complete home address including zip code, home telephone number with area code, date of birth, and mail in a first class stamped envelope to Neosensory, Inc., 1302 Waugh Drive #447, Houston, Texas 77019, Attn: Buzz Giveaway Sweepstakes. Entries must be complete and received prior to the end of the Sweepstakes Period.
Instagram: To enter the Sweepstakes via Instagram, you must have a valid, public (i.e. not “private” or “protected”) Instagram account and follow the Neosensory Official Instagram Account. If you do not have an Instagram account, visit www.instagram.com and register in accordance with the enrollment instructions for a free Instagram account. To enter the Sweepstakes via Instagram, complete the following instructions:
1. Follow @neosensory on Instagram;
2. Comment on the giveaway sweepstakes post and tell us what sound you want to experience with Buzz
3. Tag 2 friends in your comment who may be interested in experiencing sound as vibrations with Buzz
Facebook: To enter the Sweepstakes via Facebook, you must have a valid, public (i.e. not “private” or “protected”) Facebook account and follow the Neosensory Official Facebook Account. If you do not have a Facebook account, visit www.facebook.com and register in accordance with the enrollment instructions for a free Facebook account. To enter the Sweepstakes via Facebook, complete the following instructions:
Comment on the giveaway sweepstakes post and tell us what sound you want to experience while wearing Buzz.
Twitter: To enter the Sweepstakes via Twitter, you must have a valid, public (i.e. not “private” or “protected”) Facebook account and follow the Neosensory Official Twitter Account. If you do not have a Twitter account, visit www.twitter.com and register in accordance with the enrollment instructions for a free Twitter account. To enter the Sweepstakes via Twitter, complete the following instructions:
- Follow @neosensory on Twitter;
- Retweet the giveaway sweepstakes post
- Tag 2 friends who may be interested in experiencing sound as vibrations with Buzz in the comments of the original sweepstakes post
The time of receipt of any valid entry shall be the time such valid entry becomes available to Sponsor on the applicable platforms. Sponsor’s computer shall be the official clock of each Sweepstakes.
Your entry constitutes your legal representation that you are eligible to participate in the Sweepstakes, and that you have read and agree to be bound by these Official Rules.
All Entries must be posted to Instagram, Facebook or Twitter no later than 11:59 pm Pacific Time on September 24, 2020.
- Limits on Entry: Each eligible Participant may enter one entry per platform (Instagram, Twitter, and Facebook) during the Sweepstakes Period. No entry shall contain any language or imagery which Neosensory deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. Neosensory reserves the right, in its sole discretion, to disqualify any entry that contains any such language or imagery or which otherwise may be in violation of any law or that contains any material that Neosensory, in its sole discretion, deems inappropriate for public viewing and/or determines is contrary to the Sweepstakes mission. Late, incomplete and/or inaccurate entries and entries not complying with all these Official Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each entrant represents and warrants that each entry complies with these Official Rules in full. Neosensory reserves the right in its sole discretion to disqualify and/or not accept any Entry that Sponsor determines does not or is likely not to comply with these Official Rules. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to the owner of an entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
- Selection of Potential Winner: After 9:00 AM PT on September 25th, 2020, a random drawing will take place from all eligible entries received. The odds of being selected depend on the number of entries received.
- Requirements of Potential Winner: Sponsor will attempt to notify potential winners within five days of the drawing. Using the @neosensory Instagram, Facebook, or Twitter account, Neosensory will notify the winner via direct message to the potential winner’s Instagram, Facebook, or Twitter account (in the sole discretion of the Sponsor) provided at the time of entry (the “Prize Notification”). To claim the Prize, Winner must respond to the Prize Notification within twenty-four (24) hours of its posting by replying to the direct message from @neosensory on Instagram, Facebook, or Twitter and will be required to privately (through Instagram, Facebook, or Twitter direct message, email, or other secure, private means) provide the winner’s full legal name, home address, mailing address, email address, and other personal information necessary to receive the Prize. If there is a dispute as to the identity of an entrant, the prize will be awarded to the authorized account holder of the Instagram, Facebook, or Twitter account associated with the winning entry, as registered with Instagram, Facebook, or Twitter. Neosensory shall have no liability for a winner’s failure to receive notices due to winners’ failure to check Instagram, Facebook, or Twitter; due to spam, junk e-mail or other security settings; or for Winners’ provision of incorrect or otherwise non-functioning contact information. Neosensory may in its discretion announce the name of the potential winner on Neosensory’s official Instagram, Facebook, and Twitter Account, on www.neosensory.com or in other forms of communication. The receipt by any winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. Except where prohibited, a potential winner may be required to complete and return an affidavit/declaration of eligibility and a liability/publicity release form. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the documents on his/her behalf. If a potential winner fails to sign and return the documents within the required time period, an alternate winner may be selected according to the process set forth above. Winner must maintain the same email address used to register for the Sweepstakes. The Sponsor shall not be liable for any loss or damage whatsoever that is suffered (including, but not limited to, indirect or consequential loss) in the delivery or use of the prize to the winner.
- Prizes: Three (3) winners will each receive one (1) prize of a Neosensory Buzz ($399.00 retail value). There shall be three (3) prizes, one (1) prize per platform (Instagram, Facebook, and Twitter). No cash or other prize substitutions are permitted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Any prize details not specified below will be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who may substitute a prize with another item of equal or greater value if the prize becomes unavailable.
- General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to, technical errors, or fraud, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) cancel the Sweepstakes and award the prizes according to the process set forth above from among the eligible entries received up to the time of the cancelation. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Sweepstakes or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited by law.
- Release and Limitations of Liability: Except in cases of death or personal injury caused by the negligence of the Sponsor, entrants agree to release and hold harmless the Sponsor and its officers, directors, employees, agents, successors and assigns (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Entrant further agrees that in any cause of action, the liability of Released Parties named in such action will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Entrant acknowledges and agrees that all disputes in relation to the determination of Sweepstakes winner, including but not limited to, eligibility, and other related issues shall be determined in the sole and absolute discretion of Sponsor, and that such a decision by the Sponsor shall be final and binding. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Microsoft Corporation which is not a sponsor of this Sweepstakes.
- Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California, USA. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, USA, without giving effect to any choice of law or conflict of law rules (whether of the State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA.
- Winner List: Winner List requests will only be accepted after the end of the Sweepstakes and no later than December 1, 2020. For winner names, go to the sweepstakes post on Twitter, Facebook, or Instagram or send a self-addressed stamped envelope, to: Neosensory Buzz Giveaway Sweepstakes, 1302 Waugh Drive #447, Houston, Texas 77019.
- Arbitration Agreement: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate. This Section 15 is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), the Sweepstakes, your participation in the Sweepstakes, the prizes, acceptance, possession use or misuse of the prizes, any advertising or any aspect of the relationship or transactions between you and the Sponsor, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against the Sponsor on your behalf. You agree that, by participating in the Sweepstakes and entering into these Official Rules, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution. The Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing support@Neosensory.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to the Sponsor should be sent to Neosensory, Inc. 1302 Waugh Drive #447, Houston, Texas 77019, Attn: Legal for Buzz Giveaway Sweepstakes (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.
- Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/Consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration. Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 6(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 6(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.