Power Up: Nice Linear Giveaway Terms

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE DOES NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING.

Power Up: Nice Linear Giveaway Sweepstakes (“Sweepstakes”) begins at 12:00AM Pacific Time (“PT”) on January 16, 2024 and ends at 11:59PM PT on December 13, 2024 (“Sweepstakes Period”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by entering, entrant agrees to be bound by them.

ELIGIBILITY: Void where prohibited by law. Legal residents of Quebec and Rhode Island are not eligible to enter or win. Unless otherwise provided herein, the Sweepstakes is open only to employees of Sponsor Partners of Nice North America LLC and its subsidiaries who are legal residents of Canada, the 50 United States and the District of Columbia, who are at least of the legal age of majority in the state, province or territory in which they reside, but in any event no less than age 18, at the time of entry (“Entrant”). The term Sponsor Partners, as used herein, includes dealers, distributors and builders of Sponsor and its subsidiaries, and any dispute as to whether a person qualifies as a Sponsor Partner shall be determined by Sponsor in its sole and absolute discretion. Employees, directors and officers of Sponsor, its licensors and prize providers, and each of their promotion agencies and other parties involved in the implementation and execution of the Sweepstakes and their respective parent companies, subsidiaries and affiliates (“Sweepstakes Entities”), as well as members of such employees, directors and officers’ immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the Sweepstakes. Winners shall be required to sign an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit/Release”) as a condition to the delivery of the applicable prize.

HOW TO ENTER: To enter, you must complete the following during the Sweepstakes Period (each of which shall constitute an Entry):

• Visit https://na.niceforyou.com/products/garage-door-openers/linear-661/#giveaway (the “Website”) during the Sweepstakes Period, complete the online entry form with the required information and submit as directed.

ALL ENTRIES MUST BE RECEIVED PRIOR TO THE APPLICABLE PRIZE DRAWING AND ALL ENTRIES FOR THE GRAND PRIZE MUST BE RECEIVED BY THE END OF THE SWEEPSTAKES PERIOD. There is no limit to the number of Entries per person/email address during the Sweepstakes Period. Non-winning Entries will be eligible for subsequent drawings during the Sweepstakes, provided that the Entrant has not yet won a prize. All Entries become the sole property of the Sponsor and none will be returned for any reason.

No copies, facsimiles or mechanical reproductions of Entries will be accepted. Sponsor expressly reserves the right to disqualify any Entry, in its sole discretion, that appears to be generated by a so-called “spam” or automated e-mail program or via scripts and automated submission.

Hats and t-shirts will be given away for completing the form, while supplies last.

PRIZES AND ODDS OF WINNING:

There shall be 60 Ogio Basis backpack prizes (each a “backpack prize”), and each backpack prize winner will receive:

• One (1) Ogio Basis backpack selected by Sponsor (Approximate Retail Value: $48.10)

There shall be one (1) grand prize (“Grand Prize”), and the Grand Prize winner shall receive:

• Five-night/Four-day vacation package for two (2) adults to Venice, Italy (for travel within a year from the awarding of the Grand Prize). Grand Prize includes one room (double occupancy), round trip airfare (coach) for two (2) adults originating in the United States or Canada, and local airport transfers (Grand Prize Approximate Retail Value: $8,700.00). Accommodations and airline shall be selected by Sponsor in its complete discretion. All expenses and incidental travel costs not expressly stated in the Grand Prize package description above are not included and are the sole responsibility of the Grand Prize winner.

Total approximate retail value (“ARV”) of all prizes offered: $11,596.00.

Entries and prizes are nontransferable. Prize restrictions may apply per the prize provider issuing the prize. All prizes will be awarded if the number of eligible entries received equals or exceeds the number of prizes. One prize per person. Grand Prize winner and travel companion are solely responsible for obtaining all documents necessary for their respective international travel (i.e., passport/visa), if applicable, and Grand Prize winner and travel companion must obey all local laws regarding lodging restrictions.

Odds of winning depend upon the number of eligible Entries received during the Sweepstakes Period.

WINNER SELECTION: Winners will be randomly selected in drawings according to the following schedule:

• Drawings for five (5) backpack prizes shall be conducted on each of the following dates: January 30, 2024, February 28, 2024, March 30, 2024, April 30, 2024, May 30, 2024, June 30, 2024, July 30, 2024, August 30, 2024, September 30, 2024, October 30, 2024, and November 30, 2024.
• Drawing for the Grand Prize shall be held on December 16, 2024.

The drawings will be conducted by the Administrator at Sponsor’s offices located at 5919 Sea Otter Place, Suite 100, Carlsbad, California USA. The decisions of the Sponsor are final and binding in all matters relating to this Sweepstakes. The Administrator will notify the potential winners by email, and by publication of the names on the Website following the applicable drawing date. If such notification is undeliverable or no acknowledgement is received by the Administrator from the potential prize winner within five (5) business days of the date of notification or attempted notification, then such potential prize winner will be disqualified, and an alternate winner may be selected in Sponsor’s sole discretion. If a prize is refused, a prize notification is returned or deemed undeliverable, or the potential winner is disqualified for any reason, an alternate winner may be selected. Potential prize winner (or parent or legal guardian if potential prize winner is considered a minor in the legal jurisdiction of his or her residence) will be required to execute and return an Affidavit of Eligibility/Release of Liability and, if applicable, a completed IRS W-9 form (or applicable Canadian equivalent for Canadian winners) within two (2) business days of the date of issuance of such documents. Potential prize winner’s failure to return all required forms in this two (2) business day time period may result in the potential prize winner being disqualified and an alternate winner may be selected at Sponsor’s sole discretion. Canadian winners will be required to correctly answer a skill question in order to receive their prize.

LICENSES AND REPRESENTATIONS: By submitting an Entry, you hereby grant Sponsor, its licensees, distributors, agents, representatives and other authorized users, a perpetual, exclusive, irrevocable, royalty-free, sub-licensable, and transferrable (in whole or in part) license throughout the universe under all copyright, trademark, patent, trade secrets, moral and privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works, perform, and otherwise exploit such Entry, in whole or in part, in all media formats now known or hereafter devised (including on Sponsor sites, on third party websites, on broadcast and cable networks and stations, on broadband and wireless platforms, and on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. By submitting an Entry, you represent and warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit all elements of the Entry in all manners contemplated by these Official Rules.

GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of Sponsor.

Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transmission or transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute regarding the identity of the person submitting the Entry, the Entry will be deemed to be submitted by the person whose name is registered to the e-mail account, and should the person not be able to prove his/her identity against the registered name the Entry will be rejected and result in the disqualification of the Entrant from the Sweepstakes.

Winners will be responsible for all insurance and taxes (including but not limited to federal, state, local and/or income) on the value of the prize awarded. Any United States resident to whom a prize is awarded will be required to provide his or her Social Security number for tax reporting purposes. Sponsor will file an IRS Form 1099 with the Internal Revenue Service (or Canadian equivalent for Canadian winners) if the retail value of the prize, or combined total of all prizes received from SPONSOR in a calendar year, is $600.00 or greater. If a winner refuses to provide his/her Social Security number (or Canadian equivalent), the winner will be disqualified and an alternate winner will be selected in accordance with these Official Rules.

All prizes offered are being provided “as is” with no warranty or guarantee by Sponsor, either express or implied. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturer’s terms therefor, and winner agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee.

No transfer, substitution, upgrade, credit, refund or cash equivalent for prizes is allowed except at Sponsor’s sole discretion. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater monetary value or cash value for any prize.

A prize will be distributed after the winner of such prize has been successfully contacted, has successfully completed the winner verification process set forth in these Official Rules and has fulfilled all other requirements of these Official Rules. A prize winner who fails to take delivery of his or her prize shall be disqualified and such prize shall be forfeited.

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or if infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other act, in the opinion of Sponsor, corrupts or affects the administration, security, fairness, integrity, or proper conduct of these Sweepstakes, then Sponsor reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and/or to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted on the Website. If the Sponsor decides to reconvene the Sweepstakes after a suspension, the determination of the prize winners will be made, from among all eligible, non-suspect Entries received as of the date of the suspension, as Sponsor determines in its sole discretion. Entries not complying with all rules are subject to disqualification.

By participating, an Entrant (if deemed a minor in the jurisdiction in which he/she resides, then his/her parent and/or legal guardian) agrees to forever and irrevocably release Sweepstakes Entities, and each of their respective directors, officers, agents, employees, shareholders, affiliates, successors and assigns (“Released Parties”), from any and all liability, claims, lawsuits, causes of action, proceedings, demands, judgments, expenses, costs, injuries, death, losses or damages of any kind caused by the Sweepstakes and/or any element or activity thereof, Entrant’s participation, entry or inability to participate or enter or win the Sweepstakes, the unauthorized or illegal access to personally identifiable or sensitive information collected by Sponsor, the acceptance, possession, use, redemption of, delivery of, inability to use, defect in, or misuse of any prize, Sponsor’s administration of the Sweepstakes, the lost, damaged, misdirected, or late delivery of any prize, the collection, sharing and/or use of the Entrant’s personally identifiable information by Sponsor or its designees and any violation of any publicity, privacy, property or proprietary rights of entrant, or any errors in the Official Rules or any promotional materials with respect to the Sweepstakes.

Released Parties shall not be liable for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the Sweepstakes entry form, 2) Entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit an Entrant’s ability to participate in the Sweepstakes, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections 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 any part of this Sweepstakes or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize.

Unless prohibited by applicable law, Entry constitutes permission to use an Entrant’s name, photograph, likeness, voice, address (city and state) and testimonials throughout the universe, in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any further compensation to such entrant.

No more than the stated number of prizes will be awarded. If, as a result of error relating to the entry process, drawing or any other aspect of the Sweepstakes, there are more selected winners than contemplated in these Official Rules, there will be a random draw among all eligible selected winners after the Sweepstakes Period to award the correct number of prizes.

DISPUTES: Entrant (but if deemed a minor in the jurisdiction in which he or she resides, Entrant’s parent or legal guardian), 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 San Diego County, California, U.S.A. Entrant further agrees that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees, and under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU. 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, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

PRIVACY/USE OF PERSONAL INFORMATION: All information collected by Sponsor in connection with the Entries will be subject to Sponsor’s privacy policy available at the Website.

AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each Entrant (or if the Entrant is not of the age of majority in his/her state of residence, then his/her parent or legal guardian) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Sweepstakes. Winning any prize is contingent upon fulfilling all requirements set forth herein.

ACKNOWLEDGEMENT AND RELEASE OF THIRD PARTIES: ENTRANT ACKNOWLEDGES THAT THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH X (FORMERLY TWITTER), FACEBOOK, LINKEDIN OR INSTAGRAM (EACH, A “THIRD PARTY”). ALL ENTRY INFORMATION IS BEING PROVIDED TO SPONSOR AND NOT TO THIRD PARTY. ENTRANT RELEASES AND FOREVER DISCHARGES EACH THIRD PARTY FROM AND AGAINST ANY AND ALL ACTUAL AND POTENTIAL, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES AND DAMAGES FOR PERSONAL INJURIES, DEATH, DAMAGE OR LOSS TO PERSONAL PROPERTY, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP, USE, TRANSFER OR SALE OR OTHER DISPOSITION OF ANY PRIZE, AS WELL AS ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION THAT ENTRANT MAY NOW HAVE OR MAY HEREAFTER HAVE FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, COMMERCIAL APPROPRIATION OF NAME AND LIKENESS, INFRINGEMENT OF COPYRIGHT OR VIOLATION OF MORAL RIGHTS OR ANY OTHER RIGHT ARISING OUT OF OR RELATING TO ANY OF THE RIGHTS GRANTED BY ENTRANT TO THE SPONSOR.

OFFICIAL RULES/WINNERS LIST: To receive a copy of the Official Rules or complete list of winners, send a self-addressed stamped envelope, no later than thirty (30) days after the end of the Sweepstakes Period, to: Nice North America LLC, 5919 Sea Otter Place, Suite 100, Carlsbad, California 92010. Specify “Nice Linear Giveaway Sweepstakes Winners List or Official Rules”.

SPONSOR: Nice North America LLC, 5919 Sea Otter Place, Suite 100, Carlsbad, California 92010.

ADMINISTRATOR: Sponsor’s employee responsible for managing and overseeing the proper running of the Sweepstakes, including notification of potential winners and delivering prizes can be contacted at nicepartnersupport@niceforyou.com