MUSHKIN’S “RESIDENT EVIL: THE FINAL CHAPTER” SWEEPSTAKES (US)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE FORM MAY BE REQUIRED.
Mushkin’s “Resident Evil: The Final Chapter” Sweepstakes (“Sweepstakes”) begins at 12:01 AM U.S. Time ("PST") on January 20, 2017 and ends at 11:59 PM U.S. Time on February 10, 2017 ("Sweepstakes Period"). The Sweepstakes is subject to these Official Rules ("Official Rules"), and by entering, Entrant (defined below) agrees to be bound by them.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States and the District of Columbia (“U.S.”) (excluding Florida, New York and Rhode Island) who are at least eighteen (18) years of age at the time of entry (“Entrant”). Void in Florida, New York, Rhode Island and where prohibited by law. Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of the Sponsor (defined below), Columbia TriStar Marketing Group, Inc. (“CTMG”), and each of their respective parent companies, subsidiaries and affiliates, distributors, dealerships and companies involved in the implementation and execution of the Sweepstakes (collectively the "Sweepstakes Entities") are not eligible to participate. Prize Winners (defined below) 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, visit http://poweredbymushkin.com/RESIDENTEVIL (the “Website”) during the Sweepstakes Period, complete the online entry form with the required information (“Entry” or “Entries”), and submit the completed Entry as directed. ALL ENTRIES MUST BE RECEIVED BY THE SWEEPSTAKES DEADLINE. Limit: One (1) Entry per person, per email address during the Sweepstakes Period. In the event that more than one (1) Entry is received from any one person or email address during the Sweepstakes Period, the first Entry processed will be considered the only valid Entry received during the Sweepstakes Period.
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 “spam” or automated email program or via scripts and automated submission.
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 transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant’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.
One (1) GRAND PRIZE (“Grand Prize”) will be awarded in this Sweepstakes. The Grand Prize Winner (“Grand Prize Winner”) will receive one (1) Sony Electronics Home Entertainment System (up to $3,000 value), one (1) Mushkin Prize Pack ($100), and one (1) current or previous RESIDENT EVIL Movie Blu-Ray ($25) as it becomes available, with an approximate total retail value (“ARV”) of $3,125.
One (1) FIRST PRIZE (“First Prize”) will be awarded in this Sweepstakes. The First Prize Winner (“First Prize Winner”) will receive one (1) Mushkin-Enhanced MSI Gaming Notebook ($1,500), one (1) TP-Link Gaming Router ($300), one (1) DXRacer Gaming Chair ($300), one (1) Mushkin Prize Pack ($100), and one (1) current or previous RESIDENT EVIL Movie Blu-Ray ($25) as it becomes available, (ARV of $2,225).
Eight (8) SECONDARY PRIZE PACKS (“Prize Packs”) will be awarded in this Sweepstakes. Each Prize Pack Winner (“Prize Pack Winners”) will receive one (1) Mushkin Prize Pack ($100), and one (1) current or previous RESIDENT EVIL Movie Blu-Ray ($25) as it becomes available (“ARV” of $125).
Grand Prize Winner, First Prize Winner, and Prize Pack Winners (collectively “Prize Winners”) are solely responsible for all sales tax, federal, state and local tax and other expenses including shipping related to the acceptance and of the use of the Grand Prize, First Prize, and Prize Packs (collectively “Prize”) not specified herein. The ARV of each Prize is subject to change based on current market conditions at the time of Prize fulfillment.
Total ARV of all Prizes offered: Six thousand three hundred fifty dollars ($6,350). Entries and Prizes are non-transferable. 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 (1) Prize per person. Odds of winning depend upon the number of eligible Entries received during the Sweepstakes Period.
WINNER SELECTION: Prize Winners will be selected in a random drawing conducted on or about February 17, 2017 by Sponsor from among all eligible Entries received. The decisions of the Sponsor are final and binding in all matters relating to this Sweepstakes. Potential Prize Winners (“Potential Winners”) will be notified by the Sponsor by email or telephone as provided by Entrant at Sponsor’s discretion. If such notification is undeliverable or no response is received by Sponsor from the Potential Winner within seven (7) business days of the date of attempted notification, then such Potential Winner will be disqualified, and an alternate winner may be selected in Sponsor’s sole discretion. Potential Winner (or parent or legal guardian if Potential Winner is considered a minor in the legal jurisdiction of his or her residence) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form covering eligibility, liability, advertising, publicity, licensing, and media appearance issues within ten (10) business days, or Prize Winners will forfeit their Prize.
GENERAL CONDITIONS / RELEASE: An Entrant or Prize Winner may be disqualified from the Sweepstakes if Entrant fails to comply with each provision of these Official Rules, as determined in the sole discretion of Sponsor.
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 email account; and should the person not be able to prove his/her identity against the registered name, the Entrant will be rejected and result in the disqualification of the Entrant from the Sweepstakes.
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 therefore, and Prize 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 Sponsor’s sole and absolute discretion, to substitute a Prize or Prize component of equal or greater value if a Prize cannot be awarded, in whole or in part, for any reason.
Any Prize returned as undeliverable will result in disqualification and an alternate Prize Winner will be selected.
Failure to enforce any term of these Official Rules by Sweepstakes Entities shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, 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 at http://poweredbymushkin.com/RESIDENTEVIL. If Sponsor decides to reconvene the Sweepstakes after a suspension, the determination of the Prize Winner 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.
Entrant hereby agrees to indemnify and hold harmless the Sweepstake Entities and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses arising from or related to: (i) Entrant’s participation in the Sweepstakes; (ii) a breach or allegation which if true would constitute a breach of any of Entrant’s representations, warranties or obligations herein, including, but not limited to, claims for personal injury, death, property damage, libel, defamation, invasion of privacy, violation of the right of publicity, commercial appropriation of name and likeness, infringement of copyright or trademark, or violation of any other personal or proprietary right; and (iii) the acceptance, possession, participation in or use or misuse of any grant or prize, including without limitation, personal injury, death and property damage to Entrant or any third party arising therefrom.
Entrant further agrees, on behalf of Entrant and Entrant’s spouses, family, heirs, assigns, legal representatives, executors, and administrators, to release and hold harmless the Released Parties and waive Entrant’s right to sue the Released Parties, for any injury, loss or damage of any kind suffered by Entrant arising out of or in connection with Entrant’s acceptance and/or use of the Prize, including, but not limited to, claims related to personal injury, emotional distress, illness, death, property damage and any other injury or loss.
Released Parties shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by any winner on the sweepstakes entry form; (2) Entries and responses to Prize 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 Sponsor’s and CTMG’s permission to use a Prize Winner’s name, photograph, likeness, voice, address (city and state) and testimonials throughout the universe, in all media, in perpetuity, in any manner Sponsor or CTMG deems appropriate for publicity purposes in connection with this Sweepstakes without any further compensation to such Prize Winner.
DISPUTES: Entrants (but if deemed a minor in the jurisdiction in which he or she resides, their parents and legal guardians), agree that: (a) 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 Los Angeles County, California, U.S.A.; (b) 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 (c) 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 ABOVE 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.
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, 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.
NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION OR EXPLOITATION OF THE PROMOTION OR THE MOTION PICTURE “RESIDENT EVIL: THE FINAL CHAPTER”, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF CTMG OR ANY OF ITS AFFILIATES.
PRIZE WINNERS / RULES: To receive a copy of the Official Rules or a complete list of Prize Winners, send a self-address stamped envelope to, received no later than 30 days after Sweepstakes end date, to: Mushkin, 828 New Meister Lane, Suite 300, Pflugerville, TX 78660. Specify Mushkin’s “RESIDENT EVIL: THE FINAL CHAPTER Sweepstakes Winners List or Official Rules”.
SPONSOR: Mushkin, 828 New Meister Lane, Suite 300, Pflugerville, TX 78660 (“Sponsor”).
Columbia TriStar Marketing Group, Inc. and each of their respective parents, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.
“Resident Evil: The Final Chapter” © 2017 Columbia Tristar Marketing Group, Inc. All Rights Reserved.