NuGen Technologies, Inc.
Ovation SoLo Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 48 CONTIGUOUS CONTINENTAL UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
VOID IN HAWAII, ALASKA, PUERTO RICO, AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1) ELIGIBILITY. The Ovation SoLo Sweepstakes (“Sweepstakes”) is open only to individuals attending the 2016 International Symposium of the Association of Biomolecular Resource Facilities (“Symposium”) who are eighteen (18) years of age or older at the time of entry and are legal residents of the 48 contiguous continental United States or the District of Columbia. Void in Hawaii, Alaska, Puerto Rico and where prohibited or restricted by law. The following individuals are not eligible to enter or win a prize:
employees, contractors, directors, and officers of NuGen Technologies, Inc. (“Sponsor”), its parent companies, subsidiaries, affiliates, agents, marketing agencies, and any other parties involved in the administration of the Sweepstakes (“Sweepstakes Parties”) and each of their respective immediate family members (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Sweepstakes, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor on all matters relating to the Sweepstakes.
2) SWEEPSTAKES PERIOD. The Sweepstakes begins at 6:30:00 pm ET on February 20, 2016 and ends at 5:00:00 pm ET on February 22, 2016 (“Entry Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
3) HOW TO ENTER. NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE. During the Entry Period, you must visit Sponsor’s booth at the Symposium and provide all requested information on the entry form available at Sponsor’s booth, including name, institution affiliation, address, phone number, and e-mail address. Maximum one (1) entry per person. Multiple entries from the same person will be disqualified.
4) DRAWING AND ODDS OF WINNING: Sponsor will select one (1) winner in a random drawing from among all eligible entries received during the Entry Period. The winner will be announced on or about 9:00 am ET on February 23, 2016. Odds of winning depend on the number of eligible entries received during the Entry Period.
5) PRIZE. One (1) prize will be awarded: a Vespa Sprint 150 ABS; approximate retail value (“ARV”) $5,097, including the cost of the vehicle (ARV $4,899) and related dealer services (ARV $198). The prize does not include any accessories. The prize is non-transferable and no cash redemption or prize substitution is permitted, except at the sole discretion of the Sponsor. If the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize of equivalent or greater retail value.
As a condition of receiving a prize, the winner must (i) send a photograph depicting the winner with the prize to Sponsor’s address below and (ii) sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility, indemnification agreement and publicity/liability release. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in the prize. The winner will be issued an IRS Form 1099 in the amount of the actual retail value of the prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes.
The winner is solely responsible for all federal, state, local, or other applicable taxes associated with the prize. The winner is also solely responsible for complying with any and all federal, state, or other laws and regulations relating to the use of the prize, including but not limited to, having a valid driver’s license to use the prize and other vehicle rules, regulations, insurance and registration requirements.
Sponsor will pay for the cost of mailing the prize to the winner. The method of shipping and the carrier will be determined in the sole discretion of Sponsor. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. Unless winner requests that Sponsor send the prize to an alternative mailing address in the continental United States prior to the date Sponsor delivers the prize to a carrier, Sponsor will mail the prize to the address set forth on the winner’s entry form.
6) PRIZE CLAIM. The award of the prize is conditioned on the Sponsor’s satisfactory verification of the winner’s eligibility, including verification of age and residency. If a winner (i) is determined to be ineligible or (ii) fails to respond to the initial verification e-mail or telephone call within five (5) days of notification or after three (3) attempts (whichever occurs first), the Sponsor reserves the right to disqualify the winner and select a substitute winner based on a random drawing from the remaining eligible entries received during the Entry Period.
7) PUBLICITY. EXCEPT WHERE PROHIBITED, BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES AND AGREES THAT IF ENTRANT WINS, ENTRANT’S PHOTOGRAPH, NAME, AND AFFILIATED INSTITUTION NAME MAY BE PUBLISHED ON SPONSOR’S MARKETING MATERIALS, INCLUDING BUT NOT LIMITED TO, SPONSOR’S NEWSLETTERS, WEBSITE AND SOCIAL MEDIA PAGES, AT SPONSOR’S SOLE DISCRETION AT ANY TIME. Except where prohibited, subject to entrant winning the prize, entrant hereby grants Sponsor and its agents a worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display entrant’s photograph, name, and affiliated institution in any way, at any time, in any and all media related to Sponsor, without any additional right of approval , and without consideration to the entrant.
8) LIMITATION OF LIABILITY AND RELEASE. By submitting an entry, entrant agrees that Sponsor and the Sweepstakes Parties (collectively, “Releasees”) will not be responsible or liable for any damages resulting from any individual’s participation in or attempt to participate in the Sweepstakes. No responsibility or liability is assumed by Releasees for problems or malfunctions, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, as a result of unauthorized tampering, theft, or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected entries or for any typographical errors in the announcement of the prize or these Official Rules, (ii) any inaccurate or incorrect data contained on promotional materials, or (iii) any error in the administration of the Sweepstakes or announcement of the prize and/or all Sweepstakes-related materials. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained resulting from participation in the Sweepstakes or receipt or use of the prize. As a condition of entering, entrants agree (and agree to confirm in writing if requested by Sponsor): (a) to forever discharge, release, and hold harmless Releasees from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Sweepstakes or the prize, however caused; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. If an entrant is a California resident, such entrant hereby waives California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
9) LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10) SPONSOR’S RESERVATION OF RIGHTS. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to a force majeure event or tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor reserves the right to award the prize in its discretion from among all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes.\
11) GOVERNING LAW & JURISDICTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in San Mateo County, California and the federal courts located in the Northern District of California for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
12) PRIVACY. Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected by Sponsor or designee and used by Sponsor (i) for the proper administration and fulfillment of the Sweepstakes and as otherwise described in these Official Rules and (ii) to send entrant newsletters regarding Sponsor’s products and other information which may be of interest to entrant.
13) WINNER’S LIST. For the name of the winner, place a self-addressed, stamped business-sized envelope in an envelope and mail it to: NuGen Technologies, Inc., 201 Industrial Road, Suite 310, San Carlos, CA 94070 Attn: Marketing. Requests must be received no later than sixty (60) days after the end of the Entry Period.
14) SPONSOR. NuGen Technologies, Inc., 201 Industrial Road, Suite 310, San Carlos, CA 94070.