Contests and Giveaways Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

VOID WHERE PROHIBITED.

IOGEAR Contests and Giveaways (“Promotions”) are sponsored by Aten Technology, Inc., d/b/a IOGEAR, a California corporation (“IOGEAR” or “Sponsor”). The Promotions are governed by these official rules and regulations (“Official Rules”). By participating in the Promotions, each person entering (“Entrant”) unconditionally agrees to abide by the Sponsor’s decisions and these Official Rules, including but not limited to all eligibility requirements and any additional conditions provided each specific Promotion’s Terms of Entry. These Official rules and the Sponsor’s decisions are final and binding in all matters related to the Promotion.  The Promotions are subject to all federal, state, and local laws and/or regulations and are void where prohibited by law.

ELIGIBILITY

The Promotions are open to legal residents of the 50 United States and D.C., including territories, possessions, and commonwealths, who: (1) are (unless otherwise indicated in the Promotion announcement) twenty-one (21) years of age or older at the time of entry, and either (2) have internet access and a valid email account (or platform communication account) prior to the beginning of the Entry Period as defined below, or (3) in the case of a Giveaway wherein the Entrant is entering through the Alternative Means of Entry, as defined below, submit the Entry in accordance with the instructions for such form of Entry. Employees and directors of IOGEAR or any of their immediate families (defined as including parents, spouse, children, siblings, grandparents, and each of their respective spouses) or households (whether related or not) of any of the above are NOT eligible to participate in the Promotion. Promotions involving the submission of user generated content require that the Entrant own the legal rights to the content or intellectual property rights of the content. IOGEAR has the right, but not the obligation, to verify the eligibility of each Entrant in any manner it deems appropriate. 

PROMOTION PERIOD

All Promotions begin at 12:00:01 a.m. PT on the first day and will end at 11:59:59 p.m. PT on the last day established for the Promotion entry period (or if it’s a first to meet a goal contest, then the moment the goal is met will mark the end of the Promotion entry period) (“Entry Period”). All entries or submissions must be received within the times stated during that submission period. IOGEAR reserves the right to extend or shorten Promotions at its sole discretion.

HOW TO ENTER

The Promotions can be entered according to the requirements as described in the Promotion announcement. Entrants must comply with all listed requirements, terms, and conditions for that specific Promotion to participate in that Promotion. 

In the case of any Giveaway, the Entrant can enter using the “Alternative Means of Entry” without making a purchase or being present at a particular event, by handwriting your full name, complete mailing address, email address, phone number and name of the specific Promotion on a standard size postcard. Mail the postcard to the Promotion Sponsor at the address provided below. All mailed entries must be postmarked and received by the last day of the Promotion Entry Period. Unless otherwise specified, such entries are limited to one (1) entry per person. No mechanically reproduced entries will be accepted. The Promotion Sponsor is not responsible for lost, late, misdirected, or postage-due mail.

Unless otherwise indicated in the Promotion announcement, each person may enter the Promotion only once, and persons submitting more than one Entry may be disqualified. Entries to win the prize must be submitted no later than the last second of the Entry Period (or if a first to win contest, must be the first to meet the stated objective) and must be available for review by the judges at the time of the Promotion evaluation to be eligible for the prize to be awarded.

Any questions, comments, or complaints regarding the promotion will be directed to IOGEAR.

VIDEO AND IMAGE SUBMISSION LIMITATIONS AND REQUIREMENTS

To be “Eligible,” video and image Entries must be (a) submitted by an Entrant during the Entry Period, (b) capable of being uploaded into the applicable platform, (c) compliant with the time limitations set forth in the Terms of Entry (or in the platform, as applicable), (d) in good taste, (e) compliant with basic societal moral standards and standards (and the standards of the platform, as applicable), and (f) must not otherwise be defamatory, threatening, racist, unlawful or otherwise objectionable.
       
Further, Entrant warrants that (A) Entrant will not post content or take any action that infringes someone else's rights (specifically, for example, the video or image will comply with the platform requirements) or otherwise violates the law, (B) Entrant will not post anyone's identification documents or sensitive financial information, and (C) Entrant has permission from all persons reflected in any submitted video or image (and in the case of the portrayal of any minor, permission from such minor’s parents) to submit the video or image for all purposes of this Promotion and as permitted by the provisions of these Official Rules, specifically including permission for Sponsor to use—in any format and medium deemed appropriate by Sponsor in its sole discretion for advertising and promotional purposes without additional compensation—the name, voice, photograph, biographical information and/or likeness of Entrant and each person reflected in any submitted video or image.
 
Entrant further, upon submission of a video or image (if permitted by the platform) specifically grants to Sponsor and its successors, assigns, and licensees an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to produce, display, copy, distribute, exhibit, exploit, reproduce, create derivative works from, broadcast and transmit the video or image so posted on or in connection with the Promotion; the video or image may be altered, edited, used in whole or in part, and/or combined with other material and in any media now existing or subsequently developed for any purpose of Sponsor, without restriction, including but not limited to promotion of Sponsor resources, including publications and web sites, with or without videographer credit and without further consideration.  However, nothing shall require Sponsor to use the video or image or to exercise any right granted herein.
       
If Entrant’s video or image is selected as the winning Entry, and if the video or image depicts persons, Entrant may be required to submit a Model Release, having terms acceptable to Sponsor, for each person so depicted in order to receive the prize.

PROMOTION WINNER SELECTION

Giveaways

If the Promotion involves an action that enables the Entrant to participate in a drawing, then IOGEAR will randomly draw the specified number of winners at the conclusion of the Entry Period from the eligible Entries received during the Entry Period. Odds of winning in the drawing depend on the number of eligible entries received.

Contests

If the Promotion is a contest that involves subjective evaluation, then the contest judges will exercise their discretion to select from all eligible entries the entry or entries (as applicable) that best meet(s) the contest criteria.  

Both

Each Entry that is determined by the judges to be Eligible will be included in the Promotion. Entries not approved by the judges are not Eligible and may be removed from the Promotion.  Sponsor will endeavor to remove disqualifying entries from the drawing pool, but it cannot guarantee that all disqualified entries will, in fact, be removed.  Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed, or similar entry duplication method, and all entries that have been tampered with or altered, mass entries, photocopies or reproductions or entries that are otherwise disqualified by these Official Rules.  Entries that contain errors or are incomplete will not be accepted. All eligible Promotion entries received during the submission period will be reviewed at the end of the submission period, and a winner will be determined by IOGEAR according to the Promotion criteria. 

IOGEAR will endeavor to contact the individual winner(s) via the email account registered to their entry (or platform account, as applicable). IOGEAR will make a reasonable attempt to contact winners. Each Entrant is responsible for monitoring his/her email accounts (or platform accounts, as applicable) for prize notification and receipt or other communications related to the Promotions. Invalid email accounts (or platform accounts, as applicable) will be disqualified; in addition, if the winner does not provide an acceptable response within a 72-hour time period from the date and time stamp the message was transmitted or posted by IOGEAR or its designated agency, then a new winner will be determined. IOGEAR is not responsible for interference of communication to the winners of the Promotions.

The winners will be announced within seven (7) days after the Promotion ends (or earlier if the Promotion is a first to win challenge).

Announcement and instructions for prizes will be sent to the email address (or platform account, as applicable) registered to the potential prize winner’s profile. 

If the prize is returned as undeliverable, that potential prize winner shall forfeit the prize, and the prize may be awarded to another Entrant. If a potential winner fails to comply with these Official Rules, that potential winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received.

PRIZES

Prizes will be awarded promptly after the winner is determined and contacted.
 
Winners will receive the prize as detailed in the individual Promotion. Prizes, other than cash, are subject to availability, and IOGEAR reserves the right to substitute prizes at its sole discretion. IOGEAR reserves the right to revoke full or partial prize from any winner who it deems may, in its sole discretion, have violated any Promotion rule or law, and/or may bring IOGEAR into disrepute.

Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules or in any specific Promotion’s rules and regulations, and which may be associated with the award, acceptance, receipt or use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner.

Cash prizes may be paid in the manner considered to be the most suitable or convenient by the Promotion Sponsor and the Promotion winner.

ADDITIONAL LIMITATIONS

Prizes are non-transferable. No substitution or cash equivalent of prizes is permitted except as provided in these Official Rules. IOGEAR and its respective parents, affiliates, and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Promotions, including but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize.
 
Any attempt to damage the content or operation of the Promotion is unlawful and subject to possible legal action by IOGEAR. IOGEAR reserves the right to terminate, suspend, or amend any Promotion, without notice, and for any reason or no reason, including, without limitation, if IOGEAR determines, in the exercise of its discretion, that a Promotion cannot be conducted as planned or if a virus, bug, tampering, or unauthorized intervention, technical failure, or other cause beyond IOGEAR’s control corrupt the administration, security, fairness, integrity, or proper play of the Promotion.  IOGEAR reserves the right, in such event, to terminate the Promotion and conduct a random drawing to award the Promotion prize using all Eligible Entries received as of the termination date/time.  In the event any tampering or unauthorized intervention may have occurred, IOGEAR reserves the right to void suspect entries at issue. IOGEAR and its respective parent, affiliate, and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure, or malfunction of any telephone network, computer equipment, or software, the inability to access any website or online service or any other error, human or otherwise.
 
Should the Promotion be terminated prior to the stated end date, notice of such termination will be posted on the Promotion website, and Sponsor may proceed to select a winner from among all eligible entries received as of the termination date.

All company names, product names, images, and any registered or unregistered trademarks mentioned are used for identification purposes only and remain the exclusive property of their respective owners.

ALL EXPENSES NOT SPECIFICALLY MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF EACH WINNER.  ALL FEDERAL, STATE AND LOCAL INCOME TAXES AND/OR OTHER EXPENSES, DUTIES, FEES, EXCISES OR TARIFFS, IF ANY, NOW OR HEREAFTER IMPOSED, NOT SPECIFICALLY AWARDED HEREIN AS PART OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER, AND SAID WINNER WILL BE ISSUED AN IRS FORM 1099 (ALSO SUBMITTED TO THE UNITED STATES INTERNAL REVENUE SERVICE) FOR THE VALUE OF ANY PRIZE THAT EXCEEDS $600 IN VALUE.  IF AN ENTRANT CHANGES HIS OR HER CONTACT INFORMATION, IT IS THE ENTRANT’S RESPONSIBILITY TO NOTIFY THE SPONSOR OF THE UPDATED INFORMATION.
 
FAILURE BY THE WINNER TO COMPLY WITH THESE OFFICIAL RULES IN ANY WAY, AS DETERMINED BY SPONSOR, WILL RESULT IN DISQUALIFICATION AND FORFEITURE OF ALL RIGHTS IN AND TO THE PRIZE.

INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE

BY ENTERING THE PROMOTIONS, EACH ENTRANT AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS IOGEAR, AND ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, THE FORUM PLATFORM, ADMINISTRATORS, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL RIGHTS, CLAIMS, CAUSES OF ACTION AND LIABILITY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, DAMAGE, WHETHER DIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL, TO PERSON, INCLUDING BUT NOT LIMITED TO INVASION OF PRIVACY, DEFAMATION, PORTRAYAL IN A FALSE LIGHT OR DEATH, AND/OR PROPERTY, RESULTING OR ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (A) ENTRANT’S PARTICIPATION IN THE PROMOTIONS; (B) ENTRANT’S ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE, OR ANY PORTION OF ANY PRIZE, THAT MAY BE WON; (C) HUMAN ERROR; (D) INCORRECT OR INACCURATE TRANSCRIPTION OF REGISTRATION INFORMATION; (E) ANY TECHNICAL MALFUNCTIONS, VIRUSES, BUGS, NON-AUTHORIZED INTERVENTIONS, DISRUPTIONS, DELETIONS, INTERRUPTIONS, FAILURES, OMISSIONS OR DEFECTS OF THE TELEPHONE, MAIL, SOFTWARE, COMPUTER SYSTEMS, EQUIPMENT, NETWORKS OR SERVICE PROVIDERS UTILIZED BY THE SPONSOR; (F) ENTRANT’S INABILITY TO ACCESS THE WEBSITE OF ANY SPONSOR ENTITY; (G) ANY LOST, DELAYED, LATE, MISDIRECTED, ILLEGIBLE, INCOMPLETE OR POSTAGE DUE MAIL TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, AND DEFECTS; (H) ANY OTHER ERRORS OR MALFUNCTIONS, EVEN IF CAUSED BY THE NEGLIGENCE OF SPONSOR ENTITIES, AND/OR (I) THE NEGLIGENCE OF ANY OTHER PARTY, INCLUDING ENTRANT. IOGEAR AND ITS PARENT, AFFILIATE, AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF THE PRIZE. IOGEAR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE PROMOTIONS.

IN ADDITION, BY ENTERING THE PROMOTION, EACH ENTRANT AGREES AND ACKNOWLEDGES, EXCEPT WHERE PROHIBITED, THAT THE SPONSOR ENTITIES MAKE NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED IN FACT OR IN LAW, WITH RESPECT TO THE PRIZE, EXCEPT AS STATED IN THESE OFFICIAL RULES.

PUBLICITY

By participating, each Entrant grants IOGEAR permission to use and publish his/her name, likeness, and/or comments in any format and medium deemed appropriate by Sponsor in its sole discretion for advertising and promotional purposes (particularly, for example, in social media posts) without payment of additional consideration, except where prohibited by law.

Except where prohibited, prize winners may be required to execute an affidavit of eligibility and liability/publicity release within three (3) days following the date of receipt of such form and before receipt or use of the prize.  Non-compliance within this time period will result in disqualification and forfeiture of the prize, and the Sponsor will proceed to select an alternate winner.

WINNERS LIST

A list of winners will be maintained at the offices of IOGEAR for 2 years after the conclusion of the Entry Period and the award of prizes applicable to the Promotion won by each winner.  Copies of the list and these rules are available upon written request to the Promotion Coordinator, along with a prepaid self-addressed postage (residents of VT need not prepay postage) envelope addressed to you, mailed to the address at which entries are submitted as indicated above.  Requests must be submitted not more than sixty (60) days following the date of the drawing.

DISPUTE RESOLUTION

Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded, and any issues regarding arbitrability of any issues, shall be resolved individually, without resort to any form of class action, and exclusively by non-administered mediation or, if necessary, binding arbitration conducted in accordance with the rules of the American Arbitration Association, conducted in Orange County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but shall not, in any event, include attorneys' fees; and (3) 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, and Entrant further waives any and all rights to have damages multiplied or otherwise increased.  All witnesses and participants in such matters may appear and be deemed sufficiently physically present if appearing by video conference using any reliable video conference technology acceptable to the mediator(s)/arbitrator(s). All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, 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.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any such provision is determined to be invalid or otherwise unenforceable, such provision shall be severed from these rules, and these rules shall be accordingly construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.  Sponsor and Entrant agree that these methods shall be the sole remedy for any controversy or claim arising out of their relationship or this agreement and expressly waive their right to file a lawsuit against one another or any of the Sponsor Entities in any civil court for such disputes, except to enforce a legally binding arbitration decision.

NO AFFILIATION OR ENDORSEMENT BY PRIZE MANUFACTURERS. PLATFORMS OR PRODUCERS

Some of the product names used in this Promotion are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners. None of the platforms or prize manufacturers or producers or their subsidiaries and affiliated companies (except for IOGEAR and its affiliates), are endorsing, administering, sponsoring, or otherwise affiliated with IOGEAR or this Promotion in any manner.

PRIVACY

IOGEAR’s Privacy Policy applies to information collected in connection with this Promotion.  A copy of the Privacy Policy is available by clicking this sentence, which includes the link.

PROMOTION SPONSOR

The Promotion is sponsored and coordinated by: IOGEAR, ℅ Promotion Manager, 15365 Barranca Parkway, Irvine, CA 92618.

Any questions regarding these Promotions should be directed to info@iogear.com.