Acer – Acer Aspire Vero Giveaway Sweepstakes

ACER AMERICA CORPORATION Acer Aspire Vero Giveaway Sweepstakes Official Rules  NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.  ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.  INTERNET CONNECTION REQUIRED TO ENTER. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM FROM FACEBOOK (“INSTAGRAM”) OR TWITTER, INC. (“TWITTER”; COLLECTIVELY, THE “PLATFORMS”).  BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.  1. ELIGIBILITY: The Acer Aspire Vero Giveaway Sweepstakes (the “Sweepstakes”) is open to individuals who are legal residents and physically located in one (1) of the fifty (50) United States (plus the District of Columbia) or Canada (excluding Quebec) who are the age of majority in their jurisdiction at time of entry. Void where prohibited by law. Officers, directors, employees and shareholders of Acer America Corporation (“Sponsor”) and Marden Kane, Inc. (“Administrator”) and its parents, subsidiaries, affiliates, retailers, advertising and promotion agencies (including IZEA Worldwide, Inc.) and prize suppliers (collectively, the “Sweepstakes Entities”), and each of such officers’, directors’, employees’, and shareholders’ immediate family members and/or those living in the same household (whether legally related or not) of each, are ineligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year.  2. ENTRY PERIOD: The Sweepstakes entry period begins at 12:00:00 p.m. Pacific Time (“PT”) on October 25, 2021, and ends at 11:59:59 p.m. PT on November 22, 2021 (“Entry Period”).  3. HOW TO ENTER: Enter the Sweepstakes during the Promotion Period online by visiting the entry form, which can be found on the following website at  While on click on the following actions to earn entries into the Sweepstakes:   ACTION # of Entries earned when action is completed, per Entry Period, unless otherwise stated Visit to Enter 1 entry per day (maximum of 28 entries) Follow @AcerAmerica on Twitter  1 entry Retweet @AcerAmerica on Twitter  1 entry Follow @AcerCanada on Twitter 1 entry Visit @Acer_America Instagram brand page 1 entry Visit @AcerCanada Instagram brand page 1 entry Share With Your Friends For Extra Entries (limit 2)  Maximum of 2 entries Seven (7) Bonus Entries for completing all actions as stated above 7 entries     SOCIAL NETWORK DISCLAIMER: Twitter and Instagram account(s) may be required to enter. If you don’t already have said social media account, visit those respective websites to create one. It is free to create an account. This promotion is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. By participating via respective platforms, participants are also subject to those company’s data policies and terms of use, which can be found at each respective company’s website.  You understand that you are providing your information to the Sponsor and Administrator of this Sweepstakes and not to Twitter or Instagram.  Limit: Maximum of forty-two (42) entries per entrant. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, social media accounts and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized account holder of the Email account used for entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. The “authorized account holder” is the natural person assigned to the applicable account by the respective cellular provider.   Participation via a social media platform may require a mobile device and therefore, you may be charged for standard data rates according to the terms and conditions in your agreement with your wireless carrier. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.  4. GENERAL ENTRY PROVISIONS: Entries become the physical property of Sponsor and will not be returned. Attempts made by the same individual to submit multiple entries by using multiple or false contact information or using multiple accounts or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes, at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry.  Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into another campaign, contest or sweepstakes does not constitute an entry into this Sweepstakes.  Entries that do not meet the following “Content Guidelines” are subject to disqualification, at Sponsor’s sole and absolute discretion:  (a) Entry submissions (“Comments and Submissions”) must comply with the Official Rules and the terms of service, privacy notice and/or other applicable rules set forth on Instagram and Twitter (as applicable to an entrant’s entry) and meet all specifications or requirements called for in the advertising for the Sweepstakes.  Comments and Submissions must be in English and must include the required hashtag as stated above in section 3.  (b) Except for materials that are in the public domain, each Comment/Submission, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.  (c) Submissions must not have been submitted previously in any contest or sweepstakes of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.  (d) Except for materials in the public domain, Submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Sweepstakes.  (e) Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortious, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the website utilized by entrant such as viruses, Trojan horses or other technologies that could adversely impact the Sweepstakes, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).  (f) Each Submission should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact, or impersonate that individual.  (g) Entrant must have prior written permission from any individuals that appear in their Submission (e.g., family members, friends). For each Submission that identifies or depicts any person other than the entrant, the entrant must have obtained prior to submission such person’s written consent, or in the case of a minor, the written consent of his/her parent or legal guardian, to the use by the Sponsor of the photograph including such person’s name, image and/or other identifying information, as applicable, as permitted hereunder.  (h) Entrants must not submit a Submission that, if selected as a winner, cannot be licensed or assigned to Sponsor as contemplated below.  5. INTELLECTUAL PROPERTY: Entrants, upon entry in the Sweepstakes, hereby irrevocably grant to the Sweepstakes Entities, and each of their licensees, successors and assigns, a non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions submitted as part of the Sweepstakes, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in this Sweepstakes. The Sweepstakes Entities, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all of their rights hereunder and to grant unlimited, multiple- level sublicenses. Without limiting the forgoing, the Sweepstakes Entities will have the right to use the Submissions submitted as part of the Sweepstakes, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Sweepstakes. Entrants acknowledge that as a condition of participating in the Sweepstakes and/or being selected as a winner, the Sweepstakes Entities may request that the entrant’s Submission, and any rights therein, be assigned to them and entrants may be required to confirm such assignment by completing and submitting the Affidavit (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prizes. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that the Sweepstakes Entities shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that neither the Sweepstakes Entities, nor its agents, shall be responsible for return or preservation of the Submissions submitted. All Submissions that are submitted in connection with this Sweepstakes may be reposted/retweeted by Sponsor and made available to be viewed by anyone with access to the Internet.  Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Sweepstakes Entities because of these familiarities or similarities. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Sweepstakes Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Each entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for the Sweepstakes Entities and each of their designees to use his/her name, social media site username, photograph, and/or other likeness in connection with the distribution of his/her Submission for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.  6. REPRESENTATIONS, WARRANTY & INDEMNITY: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (a) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission or any images, text and materials depicted therein to any other third party. Further, each entrant represents and warrants that the Sweepstakes Entities’ use of any Submission or any images, text and materials depicted therein shall not violate an agreement to which such entrant is a party. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Sweepstakes activities.  7. PRIZES AND PRIZE DETAILS: The following prizes Aspire Vero (AV15-51) will be awarded in this Sweepstakes: five (5) prizes of $899 USD each. Limit of one (1) prize per person awarded in this Sweepstakes.  Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except as expressly set forth herein and/or at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to refuse to award the prize to such individual. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose (other than any manufacturer warranty that accompanies each prize in the box) . Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether the prize(s), in whole or in part, are used. Winners will be responsible for remitting payment of taxes to taxing authorities, and Sponsor has no responsibility therefor. The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor or Administrator with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 or its equivalent for the actual value of the prizes received may be issued in the name of the winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Prizes, if legitimately claimed, will be awarded. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. No more than the stated prizes will be awarded. The winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prizes. The total ARV of all prizes awarded in this Sweepstakes is $4,495 USD. The Sweepstakes Entities are not responsible for and winners will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Prizes will only be mailed to each verified winner’s physical mailing address (no P.O. Boxes), except in Sponsor’s sole and absolute discretion.  8. WINNER SELECTION AND ODDS: There will be five (5) winners in this Sweepstakes. On or about fifteen (15) days after the end of the Entry Period, Administrator will select the potential winners by a random drawing from all eligible entries received during the Entry Period. Entries that are invalid or otherwise do not confirm to these Official Rules, as determined by Sponsor or Administrator in their sole discretion, will be deemed ineligible and alternate winner(s) will be selected by random drawing from among the remaining entries. Decisions of the Sponsor and Administrator are final and binding in all matters relating to this Sweepstakes. The odds of winning depend upon the total number of eligible entries received during the Entry Period. Sponsor and Administrator will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners.  9. WINNER NOTIFICATION AND PRIZE CLAIMING: Potential winners will be contacted via their applicable method of entry with instructions on how to claim their prize as follows: (i) Instagram via direct message from @Acer or (ii) Twitter via direct message from @Acer. The required response to such direct message/notification (e.g., full name, mailing address, email address, etc.) must be received within two (2) business days from the time initial direct message or notification was sent or potential winner will be disqualified, and an alternate potential winner will be selected, time permitting. Sponsor assumes no responsibility for undeliverable email or undeliverable direct message/notification resulting from any form of active or passive filtering by Instagram or Twitter or for insufficient space in user’s account to receive direct messages/notifications.   Upon receipt of the requested information, the Potential prize winners will then be contacted by the Administrator and will be required to complete, sign, properly execute (including notarization), and submit an affidavit of eligibility and liability release, including a consent for publicity purposes (collectively, the “Affidavit”) and an IRS-W9 Form or its equivalent (collectively with the Affidavit, the “Materials”). Such Materials will be sent to the potential winner by Administrator at the time the entrant is notified in writing he/she is a potential prize winner. Such written notification will also state the deadline by which the Materials must be completed and returned to Administrator.  Entrants acknowledge that failing to complete and return eligibility Materials in compliance with the written instructions ON OR BEFORE THE DEADLINE DATE may result in disqualification and, in such case, the prize will be forfeited and awarded to an alternate potential winner, at Sponsor’s sole discretion.  ADDITIONAL RULES RELATED TO RESIDENTS OF CANADA: Potential Canadian Winners will be required to correctly answer a time limited mathematical skill testing question administered by mail or telephone prior to award of any prize.   In the event of non-compliance with these rules, or if the prize or prize notification is unclaimed or returned as undeliverable, the prize will be forfeited and, at Administrator’s discretion, awarded to an alternate potential winner. If a prize is won by an eligible individual who is not of the legal age of majority in their state of residence (“minor”), the required documents must be confirmed and signed by minor’s parent or legal guardian, and the prize will be awarded in the name of the parent or legal guardian, who shall fulfill all requirements imposed on the winner set forth herein. If the prize or prize notification is unclaimed or returned as undeliverable, or if any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner declines a prize for any reason prior to award, such potential winner may be disqualified. In such case, the prize will be forfeited and awarded to an alternate potential winner, at Sponsor’s sole discretion.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.  10. PUBLICITY RELEASE: Subject to applicable law, winners irrevocably grant the Sweepstakes Entities and each of their licensees, and their respective successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.  11. TAMPERING WITH SWEEPSTAKES: The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor and Administrator, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE SPONSOR WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor and Administrator reserve the right, at their sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.  12. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, the effects of COVID-19 or any pandemic, an act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s or Administrator’s control, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes and select the winners from all eligible entries received prior to any action taken or as otherwise deemed fair and appropriate by Sponsor and Administrator. Sponsor additionally reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Sweepstakes if causes beyond Sponsor’s or Administrator’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes and select the winners from all eligible entries received prior to any action taken or as otherwise deemed fair and appropriate by Sponsor.  13. CONDITIONS OF ENTRY: By submitting an entry or otherwise participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor and Administrator, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. Sponsor and Administrator reserve the right to disqualify participants who violate these Official Rules or interfere with this Sweepstakes in any manner. If a participant is disqualified, Sponsor and Administrator reserve the right to terminate that participant’s eligibility to participate in this Sweepstakes. If a participant submits entries in excess of applicable limits, all entries submitted by such participant shall be void.  14. WAIVERS, DISCLAIMERS AND RELEASES: By participating in the Sweepstakes, entrant agrees to release, discharge and hold harmless the Sweepstakes Entities, the Platforms, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor or Administrator; interruption or inability to access Sponsor’s or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.  15. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and Administrator to obtain and deliver his or her name, address, email address, the fact entrant is or is not an Acer customer, and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor or Administrator may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winners’ list.  16. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, Administrator or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, 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.  17. VENUE; WAIVER OF JURY TRIAL: You agree to submit to personal jurisdiction in Orange County, Florida, and that the venue of any lawsuit, dispute or cause of action of any kind or in any forum, whether arising in tort, contract, or otherwise, including, but not limited to, actions arising out of the Sweepstakes shall be in Orange County, Florida, or such other venue as may be determined by Sponsor, in its sole discretion, and that the law to be applied shall be the law of Florida, without regard to conflict of law principles.  THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM, WHETHER IN CONTRACT OR TORT, AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT.  18. LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.  19. LIST OF SWEEPSTAKES WINNERS/OFFICIAL RULES REQUESTS: For a list of winners, visit after the Sweepstakes has ended. Requests must be received by December 31, 2021. The winner list will be available after winners have been verified.    20. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.  21. SPONSOR & ADMINISTRATOR: Sponsor: Acer America Corporation, 1730 North First Street Suite 400, San Jose, CA 95112 USA. Administrator: Marden Kane, Inc. 575 Underhill Blvd Suite 222 Syosset, NY 11791.  Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes. ©2021 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise without the express written consent of Marden-Kane, Inc.  Platform DisclaimerThis Sweepstakes is powered by Crowd9 PTY LTD (“Gleam”).
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