OFFICIAL RULES AND DISCLAIMERS
OVERVIEW: TechFunnel.com (“TF”) is a digital technology news and information portal. TF hosts a weekly survey that is accessible by users of the website. At the end of each month, each month’s survey concludes with a winner. With respect to each month, TF will identify a prize and the dollar value of such prize.
PURCHASE: No purchase is necessary to enter or win any prize. No purchase or payment will increase chances of winning. Winning individuals will be responsible for all taxes related to the award of any survey prize. Each survey begins at the start of the week (Monday) and ends at the end of the week (Sunday). Surveys are predominantly sponsored by TF, whose principal business office address is 8668 John Hickman Parkway, Suite 1004, Frisco, TX 75034.
ELIGIBILITY: The Surveys are open to legal residents of all fifty (50) States in the United States as well as the District of Columbia, who are at least 18 years of age at the time of entry. Employees, officers and directors of TF or any Bython Media Inc., property, its parents, subsidiaries, affiliates, representatives and agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. By participating in a Survey, entrants agree to be bound by these official rules and disclaimers (these “Official Rules”), and the decisions of TF regarding the prize winner are final and binding in all respects.
TO ENTER: All responses will be received online through the Website. Any eligible person who electronically logs on to the Website may access any of the Surveys. Each Survey requires participants to complete the full Survey and provide the required informational details at the end of the survey to be eligible for the iPad Mini. A Survey cannot be taken more than once. If Survey responses are not credited due to technical error, downtime, or similar computer service interruption, BETFT is not permitted to manually take a Survey for a participant and/or enter their details.
SELECTION OF WINNERS: With respect to each Survey, at the end of each month [4 surveys], TF will conduct a random selection from among all eligible entries received during the month. The odds of winning are based on the number of eligible entries received within a given month. Survey prize winners will be notified by e-mail (to the e-mail address provided by the entrant). If the selected prize winner does not respond within ten (10) days after Survey Award Notification is given, then that selected prize winner will be deemed to have forfeited his/her prize. Forfeited prized will be re-awarded by TF by random drawing to another eligible entrant in the Survey for that month. Except to the extent prohibited by law, any Survey selected prize winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) The name of each Survey prize winner will be posted on the website, TechFunnel.com, within five (5) days after such prize winner contacts TF based on his/her receipt of the Award Notification. If the selected Survey prize winner fails to sign and return the Affidavit/Release within the required time, except to the extent prohibited by law, that selected Survey prize winner will be deemed to have forfeited his/her prize, and the prize will be re-awarded by TF as set forth above. Each Survey winner is subject to verification by TF, whose decisions are final and binding in all matters related to the Survey.
PRIZES: Each month’s Survey shall have only a single prize and a single prize winner. Each prize shall consist of an item(s) of retail merchandise or retail services, or a gift card redeemable for certain item(s) of retail merchandise or services. All gift cards are redeemable with the specific businesses issuing such cards. There will be no substitutions, exchanges or variations made to prizes or gift cards that are awarded, or prizes which are redeemed with gift cards. It is the responsibility of each prize winner to redeem any gift card received as a prize. Merchandise or services received as a prize, or obtained with gift cards received as a prize, are received without warranty by TF of any kind, express or implied. Prizes for the Survey will have values generally between $50 to $1000.
PRIZE RESTRICTIONS: All applicable federal, state, and local taxes are the sole responsibility of the individual Survey prize winner. Prizes, gift cards received as prizes, and the merchandise or retail services for which such gift cards may be redeemed cannot be substituted, assigned, transferred, or redeemed for cash. TF will not replace any gift card prize that is lost or stolen once any gift card is delivered to a Survey prize winner. Gift cards may not be useable in conjunction with any other promotions or offers. Gift cards shall be redeemable as set forth thereon, and in accordance with applicable law.
MOBILE APPLICATION AND INTERNET CONDITIONS: TF shall not be responsible for any entries in the Survey that are not properly entered due to data corruption or otherwise not received correctly, or for any problems or technical malfunction of any online systems, servers or providers, computer equipment, software, failure of e-mail, or on account of technical problems or traffic congestion on the internet, with respect to the Website, including injury or damage to entrant’s mobile device related to or resulting from participating in the Survey. TF shall not be responsible for any lost, misdirected or late entries into any Survey. TF reserves the right to cancel, terminate, modify or suspend the Survey in the event that the Survey (or any Survey a portion thereof) is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of TF which corrupts or affects the administration, security fairness, integrity or proper conduct of the Survey (or any Survey a portion thereof).
Release and Limitations of Liability: By participating in any Survey, entrants agree that TF and its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web developers, and their respective officers, directors, employees, representatives, and agents, will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of a prize, entry, or participation in any sweepstakes or in any app sweepstakes related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. The released entities are not responsible if any prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, bankruptcy, or terrorism. By participating in any survey, participants agree that the released entities will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of TechFunnel.com, the app or the downloading from and/or material downloaded from the website.
Except where prohibited by law, participation in any survey constitutes winner’s consent and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed at any time or times, each winner’s name, portrait, picture, voice, likeness and biographical information (including but not limited to hometown and state) for advertising, trade, and promotional purposes (including the announcement of his or her name in broadcast) without additional consideration, compensation, permission, or notification. Without limiting the foregoing, everything regarding the survey, including the app and the prizes, are provided “as is” without warranty of any kind, either express or implied.
DISPUTES: Except where prohibited, entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state court having jurisdiction in an over Frisco, Texas; (b) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Survey, but in no event attorneys’ fees; (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and TF in connection with the Survey, 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 laws rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Texas.
WINNERS LIST: All prize winners’ names and prizes they have won will be listed on the website. TF will not be liable for technical, pictorial, typographical or editorial errors or omissions.