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Terms and Conditions
2013 PS Vita Contest - Referral Offer
OFFICIAL RULES AND OFFER TERMS
1. Eligibility: The 2013 PS Vita Contest and Referral Offer together shall be referred to as the “Contest.” The Contest is only open to permanent legal residents of the fifty (50) U.S. and D.C. who (1) are currently physically located and residing therein; (2) are eighteen (18) years of age or older as of the date of participation; and (3) receive a notification by Email or direct mail from Sony Computer Entertainment America (or its agent) that is addressed specifically to such resident (“Notification”). Employees, officers and directors of Sony Electronics Inc. (“Sponsor”), Amplifinity, Inc. (“Contest Facilitator”), Enteractive Solutions Group, Inc., Klick Communications Inc., entities involved in the production, development, implementation or handling of the Contest, and their respective parent companies, affiliates, subsidiaries, franchisees, licensees, service providers, and prize suppliers, any agents acting for, or on behalf of the above entities (collectively “Contest Entities”), and members of the immediate families (spouses, children, siblings, parents) or persons living in the same household as such employees, whether or not related, are ineligible to participate in the Contest.
2. Contest Overview; Contest Period: This Contest offers each Contestant (as defined below) the chance to win 1,000,000 Sony Rewards points (“Points”) (Approximate Retail Value is $10,000) (the “Grand Prize”). The Contest begins on March 29, 2013 (9:00am Eastern Time (“ET”)) and ends on May 10, 2013 (6:00pm ET) (the “Contest Period”). To win, a Contestant must be the best “salesperson” for the PS Vita. As further explained in Section 3, Contestants are not Sony employees. To participate, Contestants may use ONLY email, Facebook, Twitter and referral cards to communicate effectively the qualities and benefits of the PS Vita to friends and family members (“Friends/Family Members”). Contestants must disclose that they are being compensated for their efforts in all such communications. Contestants will be judged based on the number of Friends/Family members who (i) purchase a PS Vita and (ii) register his/her purchase at psvita.amplifinity.com prior to May 10, 2013 (6:00pm ET). Each Friend/Family Member that purchases and registers the purchase in accordance with these Official Rules and Offer Terms is referred to herein as a “Referred PS Vita Purchaser.” (Registration by Friends/Family Members must include their PSN ID and the PS Vita serial number and must be done by May 10, 2013 (6:00pm ET). Registration of a purchased PS Vita after May 10, 2013 (6:00pm ET) will not count toward a Contestant’s final tally.) A Contestant must be (or become) a Sony Rewards member to receive any Points, including the Grand Prize. Additionally, the Grand Prize can only be redeemed at www.SonyRewards.com (the “Sony Rewards Website”) or www.store.sony.com. As explained herein, all terms of the Sony Rewards Program apply to the Points received as a result of the Contest.
In connection with the Contest, Contestants may only communicate with Friends/Family Members regarding a PS Vita if the applicable Contestant has an existing, personal relationship with the Friends/Family Members and genuinely believes the Friends/Family Member would be interested in purchasing a PS Vita. During the Contest Period, Contestants will have the option to, and may attempt to, promote the PS Vita using the following four different methods:
(1) Email – In order to refer Friends/Family Members by email, Contestant must click on the “Email referrals to friends & family members” tab on the Website, which will bring Contestant to the Email Referral Option page of the Website. On such page, Contestant will have the option to provide the Contest Facilitator with the names (first and last) and email addresses of Friends/Family Members, provided that a Contestant may only give the Contest Facilitator names and email addresses of Friends/Family Members with whom such Contestant has an existing, personal relationship, and provided further, that such Contestant may only provide the Contest Facilitator with up to thirty (30) Friends/Family Members per day during the Contest Period. By providing the email contact information for Friends/Family Members, Contestant is directing Sponsor (and its agent), consistent with all applicable laws, to send to that friend or family member an email that provides information about the PS Vita and the Contest, which will disclose that the Contestant has a material connection to Sponsor by virtue of this Contest.
(2) Facebook – In order to use Facebook to refer Friends/Family Members, Contestant must click on the “Post your referral on Facebook” tab on the Website. After clicking on the tab, Contest Facilitator will provide a paragraph regarding the Contest, which Contestant can post to his/her Facebook page. That paragraph will disclose that the Contestant has a material connection to The Sponsor by virtue of this Contest.
(3) Twitter - In order to use Twitter to refer Friends/Family Members, Contestant must click on the “Post your referral on Twitter” tab on the Website. After clicking on the tab, Contest Facilitator will provide a paragraph regarding the Contest, which Contestant can post to his/her twitter account. That paragraph will disclose that the Contestant has a material connection to The Sponsor by virtue of this Contest.
(4) Referral Cards - In order to print referral cards which you may hand out to Friends/Family Members, Contestant must click on the “Print referral cards to hand out” tab on the Website. After clicking on the tab, the Website will provide you with a page to print out which contains information regarding the Contest. That page will disclose that the Contestant has a material connection to The Sponsor by virtue of this Contest.
Failure to include the disclosure of the material connection with Sony by virtue of the Contest will render the Contestant ineligible and he/she forfeits any prize that he/she might win. For a Contestant to receive credit for any successful salesmanship, the Friend/Family Member must register on the Website, and include with such registration his/her First Name, Last Name, Email address. After purchase of the PS Vita, the Friend/Family Member must also register their purchase on the Website, and include their PSN ID and PS Vita serial number. In the event that the PSN ID is either not provided or is inaccurate, the specific Friend/Family Member will not be deemed to be a Referred PS Vita Purchaser and the Contestant that referred such Friend/Family Member will not receive credit for the purchase. Once a Referred PS Vita Purchaser registers his/her purchase, such Friend/Family will receive an email from Contest Facilitator that will provide directions on how the Friend/Family Member can receive the twenty dollar ($20) PlayStation®Network gift card referred to in Section 5 below.
Each Friend/Family Member of a Contestant may only become a Referred PS Vita Purchaser once. In the event that a Friend/Family Member purchases more than one (1) PS Vita, only the first PS Vita purchased and registered will be counted towards the applicable Contestant’s number of Referred PS Vita Purchasers. Contestants may keep track of how many referrals have purchased a PS Vita, registered such purchase and thus, have become PS Vita Purchasers by virtue of a “leader board” that will be available to Contestants on the Website. For all purposes of this Contest, the Website is the official clock and all times refer to ET. The Contest is void where prohibited by law and subject to all applicable federal, state and local laws. A Contestant will be disqualified if it is determined to a degree of certainty, in Sponsor’s sole discretion, that such Contestant has utilized any form of automated mechanism, including without limitation, a computer program or any non-human mechanism, entity, or device, or a system (whether human or machine-based) that is designed to contradict the spirit of this Promotion, as determined by Sponsor in its sole discretion.
4. Contest Winner Determination: At the close of the Contest Period, Sponsor will evaluate the total number of Referred PS Vita Purchasers for each Contestant. Sponsor will also verify that the potential winner has complied with all of these Official Rules and Offer Terms. Subject to verification, the Contestant that is the best “salesperson” as determined by the number of Referred PS Vita Purchasers at the close of the Contest Period is the potential Grand Prize winner. The results on the “leader board” are not definitive and no Contestant is a Grand Prize winner or shall have any expectation that he/she is a Grand Prize winner until and unless notified expressly by Sponsor that all verification has been completed and the Contestant is the Grand Prize winner. In the event of a tie in which two (2) or more verified Contestants have the same highest number of Referred PS Vita Purchasers, Sponsor will issue the Grand Prize to the Contestant that had the highest number of Referred PS Purchasers first. The potential Grand Prize winner will be notified by Sponsor or Sponsor’s agent via email (at the email address provided when that Contestant entered the Contest) or phone, as decided by Sponsor, within approximately ten (10) days of when Sponsor determines the potential Grand Prize winner. If a potential Grand Prize winner is from a state that deems him/her to be a Minor, his/her parent or legal guardian will be notified. Each potential Grand Prize winner will be required to sign, execute, have notarized and return an original unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release and any other documentation that Sponsor requires (collectively “Affidavit/Release”) within five (5) days after receipt of such documents by such potential Grand Prize winner, or such potential Grand Prize winner may be disqualified. In the event that a Contestant with the highest number of Referred PS Vita Purchasers is not able to be verified within a reasonable time period following the end of the five (5) day period specified above, the reasonableness of which shall be in the sole discretion of Sponsor, the Contestant with the next highest number of Referred PS Vita Purchasers may be determined as the new potential Grand Prize winner. If a potential Grand Prize winner is a resident of a jurisdiction that deems him/her to be a Minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on his/her behalf. In order for the Grand Prize winner to receive the Points, such individual must already be a Sony Rewards member or sign up as a Sony Rewards member at the Sony Rewards Website. All Points issued in connection with this Contest can only be redeemed on the Sony Rewards Website or at store.sony.com. In the event that the Grand Prize winner received the Notification by email, such Grand Prize winner will need to sign up at the Sony Rewards Website using the same email address at which he/she received such Notification. In the event that the Grand Prize winner received the Notification by direct mail, such Grand Prize winner will need to sign up at the Sony Rewards Website using the same email address which he/she used to register for the Contest. The odds of winning the Contest depend on the effective salesmanship of the Contestants. No transfer, substitution or cash equivalent for the Grand Prize. All federal, state or other tax liabilities (including, but not limited to, income taxes) arising from the Contest will be the sole responsibility of the Grand Prize winner.
5. Bonus Points and Twenty Dollar ($20) PlayStation®Network Gift Card Referral Offer: Each Contestant will earn a $20 PlayStation®Network gift card and 1,000 Points (collectively a “Bonus Reward”) for each of such Contestant’s first ten (10) Referred PS Vita Purchasers. LIMIT: Ten (10) Bonus Rewards per Contestant. In order for a Contestant to receive the 1,000 Points, such Contestant must be (or become) a Sony Rewards member by registering at the Sony Rewards Website. In addition, for each Contestant, each Referred PS Vita Purchaser will also receive a twenty dollar ($20) PlayStation®Network gift card. For both Contestant and the Referred PS Vita Purchasers, in order to claim the twenty dollar ($20) PlayStation®Network gift card, such Contestant or Referred PS Vita Purchaser must sign into PSN and visit the PlayStation Store, then use the code that is provided in the email. Any applicable Points will be awarded to the Contestant in his/her Sony Rewards account within approximately 4 to 8 weeks after the end of the Contest. All terms of the Sony Rewards Program apply to the Points received in conjunction with the Contest.
6. General Conditions: Except where prohibited by law, entry into the Contest and/or the Grand Prize winner’s acceptance of the Grand Prize constitutes permission of such winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) for Sponsor to use, without notice or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Sponsor’s website and/or the websites of Sponsor’s affiliates, winner’s first name, last initial, city and state for purposes of advertising, trade, promotion and publicity. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, the Website, or any web page or web banner ad related to the Contest; to be acting in violation of these Official Rules and Offer Terms, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with the Contest will be ineligible to win the Grand Prize and will be prosecuted to the full extent of the law. If, for any reason, the Contest is not capable of running as originally planned, Sponsor, in its sole discretion, reserves the right to cancel, suspend or modify the Contest and award the Grand Prize for the Contest in any lawful manner that is fair and reasonable in the Sponsor’s sole discretion.
7. Release: By participating, each Contestant (if a minor, his/her parent/legal guardian) agrees that the Contest Entities and Facebook are not responsible for, and agree to release, discharge and hold harmless the Contest Entities and Facebook from (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of information related to the Contest; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt or use or misuse of the Contest Grand prize.
8. Governing Law/Disputes: This Contest shall be construed and governed according to the laws of the U.S. and the State of New York. Any controversy or claim arising out of or relating to the Contest shall be governed by and construed in accordance with the substantive laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Contestant agrees that his/her claim will be resolved individually, without resort to any form of class action. Contestant further agrees that any claim/judgment/award shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys' fees; and, under no circumstances, will a Contestant be entitled to awards for and Contestant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of these Official Rules and Offer Terms be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring these Official Rules and Offer Terms within the requirements of law, be deemed to be severed from the other terms of these Official Rules and Offer Terms, and the remainder of these Official Rules and Offer Terms shall be given effect as if it had not included the severed term herein.
9. WINNER'S LIST: For the name of the Contest winner send a self-addressed, stamped envelope to: 2013 PS Vita Contest Referral Offer, “Winner List”, 550 Madison Avenue, Rm. 2785, and New York, NY 10022 to be received no later than June 30, 2013.
10. SPONSOR: This Contest is sponsored by Sony Electronics Inc., 1 Sony Drive, Park Ridge, NJ 07656. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Personally identifiable information provided in connection with the Contest is provided to the Contest Facilitator and not to Facebook. Any questions, comments or complaints regarding the Contest should be directed to the address above and not to Facebook.
NOTIFICATION: If you do not wish to receive future mailings from Sponsor about contests, please indicate your election by writing to “Direct Mail Opt Out,” Sony Rewards, 1 Sony Drive, Park Ridge, NJ 07656.
©2013 Sony Electronics Inc. Contestants may copy these Official Rules and Terms for personal use only and not for any commercial purpose whatsoever. All rights reserved.