1. Eligibility: The “The Byrne Notice | Molami Headphones” (“Contest”) is open only to legal residents of the contiguous forty-eight (48) states of the United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees of The Byrne Notice, and their respective parents, affiliate companies, subsidiaries, Contest agencies, suppliers and members of their immediate families, are not eligible. Void in Alaska, Hawaii, Puerto Rico and where prohibited by law. For purposes of this Contest, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
2. Sponsor:? The Byrne Notice, New York, NY 10002, U.S.A.
3. Timing: ?The Contest begins July 9, 2012 at 10:00 PM EST and ends, July 16, 2012 at 11:59 PM EST (the “Contest Period”).
4. How to Enter?: During the Contest Period, go to Byrnenotice.com (“Contest website”) and enter by following the onscreen entry instructions. Limit one entry per person. No more than one person can enter using the same email address. Use of any automated system to participate is prohibited and will result in disqualification.
5. Entry Errors:? Sponsor and Prize Provider are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor and Prize Provider are not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
6. Selection of Winner: A random drawing will be conducted on or about July 17, 2012 by The Byrne Notice from all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential prize winner will be notified via e-mail. Entrants are responsible for insuring that all e-mail information is up-to-date and accurate. Prize notice returned as undeliverable will result in the disqualification of the potential prize winner and an alternate winner will be selected. The entrant initially selected as the potential winner will be notified by email within 10 days of the end of the Contest Period. The Byrne Notice‘s decisions as to the random drawing are final and no correspondence will be entered into.
7. Prize: ?One (1) winner will receive one (1) pair of Molami leather, suede, and gold headphones. The Prize is non-transferable.
8. Terms and conditions of Prize Drawing:?(1) Prize is non-transferable, non-refundable.
9. Acceptance of Official Rules:? As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawing and to Sponsor’s decisions, which are final and binding in all respects. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
10. Disputes:? In the event of a dispute, the person to whom the e-mail address used to enter the Contest was registered will be deemed the winning entrant. Potential winner may be required to show proof of identification in conjunction with prize award/acceptance.
11. Substitution, Taxes: ?No assignment or transfer of prize will be permitted, except at Sponsor’s sole discretion. WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZE.
12. Potential Winner:? Publicity. As a condition of entry, you grant consent to The Byrne Notice and their respective agents to use your name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without payment, consideration, notice or approval and without geographic or time limitation, except where prohibited by law.
13. Liability:? You agree that The Byrne Notice and their respective parents, subsidiaries and affiliated companies and all their advertising and Contest agencies, as well as Facebook, Inc., will have no liability whatsoever in connection with this Contest and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Contest or your acceptance, use or misuse of the prize. By entering the Contest, entrant explicitly releases, discharges and holds harmless the Sponsor and Prize Provider, their successors and assigns and all their respective shareholders, directors, officers and employees, as well as Facebook, Inc., one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of the prize. The Released Parties are not responsible for 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 Contest or receipt or use or misuse of the prize.
14. Conditions of Participants’ Conduct: ?Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Contest is terminated early, Sponsor will make the prize available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on the Contest website. Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
15. Disputes/Choice of Law: ?Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the awarding of the prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York Law, without reference to choice of law rules, governs the Contest and all aspects related thereto.
THE BYRNE NOTICE, ITS PARENT, AFFILIATE COMPANIES AND SUBSIDIARIES WILL HAVE NO LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THE CONTEST OR THE AWARD OF THE PRIZE IN THE CONTEST.
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