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.
The Sweepstakes begins at 12:01 AM U.S. Time ("PST") on Oct. 13, 2020 and ends at 11:59 PM U.S. Time on Dec. 16, 2020 ("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 and in the States of Florida, New York and Rhode Island. The Sweepstakes is open only to legal residents of the United States to U.S., Germany, United Kingdom and Canadian citizens (excluding residents of Quebec) and the District of Columbia (“U.S.”) except where void who are at least eighteen (18) years of age at the time of entry (“Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of the PROMOTER (defined below), 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. Winners may 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/Torchlight3 (the “Website”) during the Sweepstakes Period, complete the online entry form with the required information (“Entry”) and submit the completed Entry as directed. ALL ENTRIES MUST BE RECEIVED BY THE SWEEPSTAKES DEADLINE. Limit: One (1) Entry per person/email address during the Sweepstakes Period. In the event that more than one (1) Entry is received from any one person/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. PROMOTER expressly reserves the right to disqualify any Entries, in its sole discretion, that appear 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, PROMOTER RESERVES THE RIGHT TO PROSECUTE ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIZES / ODDS OF WINNING:
One (1) GRAND PRIZE WINNER will receive one (1) Custom Built Extreme Gaming System ($2,500 ARV), one (1) Mushkin SWAG Pack ($150 ARV), one (1) Viotek GNV34CB Gaming Monitor ($340ARV) , one (1) Razer Gaming Pack (RAZER Headset, Gaming Mouse, and Keyboard) ($400 ARV) and (1) Digital copy of Torchlight 3 ($39.99 ARV) with an approximate total retail value of $3030.00.
Nine (9) PRIZE PACK WINNERS will receive one (1) Mushkin SSD Prize Pack ($200), and one (1) Digital copy of Torchlight 3 ($39.99 ARV) with an approximate total retail value of $240.
Grand Prize Winner is solely responsible for paying all costs and expenses not expressly set forth herein, including without limitation, shipping and taxes. The ARV of the Grand Prize is subject to change based on current market conditions at the time of prize fulfillment.
Total approximate retail value of all prizes offered: Five thousand one hundred and ninty dollars ($5,190). 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: The Grand Prize and Prize Pack Winners will be selected in a random drawing conducted on or about Dec. 18, 2020 from among all eligible entries received. The decisions of the PROMOTER are final and binding in all matters relating to this Sweepstakes. The potential winners will be notified by the PROMOTER by email or telephone (if available). If such notification is undeliverable or no response is received by PROMOTER from the potential prize winner within seven (7) 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 at random at PROMOTER’S sole discretion. 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 a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form.
PRIVACY: Personal information of entrants will be used to conduct the prize drawings and to enable the winners to be notified. Entrants who have agreed to receive partner emails might be contacted via email for additional offers. At this point, registrants can opt out from further communications. In addition, personal information may be sent to or collected by another company acting under Sponsor’s authorization for the sole purpose of allowing the Sponsor to facilitate the drawing and to enable notification to the winners and sending the prizes. Entrants and winners agree to the processing of personal information for the purposes and in the manner set out above (including the disclosures of such information or transfer of it to jurisdictions, which may not provide the same legal protection as in the winner’s country of residence). Notwithstanding the foregoing, Sponsor will not share winner’s personally identifying information (Name and Contact Information) with any third parties except as may be required by law, but Sponsor may share your anonymized responses with third parties. Sponsor will keep survey answers and entries confidential but reserves the right to use such survey answers and entries for internal purposes (marketing or sales related purposes).
GENERAL CONDITIONS / RELEASE: An Entrant or winner may be disqualified from the Sweepstakes if he/she fails to comply with each provision of these Official Rules, as determined in the sole discretion of PROMOTER.
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 PROMOTER, 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 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 PROMOTER’S sole discretion. PROMOTER reserves the right, in PROMOTER'S sole and absolute discretion, to substitute a prize or prize component of equal or greater value if a prize cannot be awarded as described for any reason.
Any prize returned as undeliverable will result in disqualification and an alternate winner will be selected.
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 infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which in the opinion of PROMOTER, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, PROMOTER 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/Torchlight3. If the PROMOTER 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 PROMOTER 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 he/she resides, his/her parent and/or legal guardian) agrees to forever and irrevocably release, discharge, indemnify, and hold harmless Sweepstakes Entities, prize providers, 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 any element or activity thereof, Entrant’s participation, Entry or inability to participate or enter the Sweepstakes, the unauthorized or illegal access to personally identifiable or sensitive information collected by PROMOTER, the acceptance, possession, use, redemption of, delivery of, inability to use, defect in, or misuse of the prize, PROMOTER’S administration of the Sweepstakes, the lost, damaged, misdirected, or late delivery of the prizing, the collection, sharing and/or use of the Entrant’s personally identifiable information by PROMOTER 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 any 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 PROMOTER’S permission to use a winner’s name, photograph, likeness, voice, address (city and state) and testimonials throughout the universe, in all media, in perpetuity, in any manner PROMOTER deems appropriate for publicity purposes in connection with this Sweepstakes without any further compensation to such 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 Austin, Texas, 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 PROMOTER in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
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 PROMOTERS 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.
WINNERS / RULES: To receive a copy of the Official Rules or complete list of 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 “Torchlight3 Sweepstakes Winners List or Official Rules”.
PROMOTER: Mushkin Enhanced MFG, 828 New Meister Lane, Suite 300, Pflugerville, TX 78660 (“PROMOTER”).