Nuesoft™ Technologies, Inc. Sweepstakes Terms & Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. Terms not defined in these Nuesoft Sweepstakes Terms and Conditions have the same meanings as in the Official Rules for the Sweepstakes.
Eligibility: Unless otherwise allowed in the Sweepstakes Official Rules, the following are ineligible to participate in the Sweepstakes:
- employees of Nuesoft, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Nuesoft through an outsourcer or temporary employment agency during the Sweepstakes Period, and their respective immediate family and persons living in their same household (as the case may be);
- non-natural persons (including corporations and other business entities); and
- any person located outside the territorial boundaries of the United States of America.
No Robots: No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. Nuesoft is not responsible for (i) late, lost, illegible, misdirected, damaged, incomplete, improperly submitted, undeliverable or otherwise irregular Sweepstakes entries; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
Warranty of Submissions: Any Sweepstakes entries (including any content therein) that are submitted, transmitted or otherwise made available to Nuesoft (via its website or otherwise) shall remain the sole and full responsibility of entrant. Accordingly, entrant represents and warrants to Nuesoft that any entry submitted in connection with the Sweepstakes:
is true, accurate, current, complete and not misleading, fraudulent or deceptive;
does not and will not violate any applicable state, federal or local laws (including regulations pertaining to sedition, obscenity or abuse);
does not and will not violate the rights of any third party, including, without limitation, copyrights, trademark rights, patent, trade secret and/or any other intellectual property rights and any rights of publicity or rights of privacy;
is not obscene, offensive, defamatory, and does not contain vulgar or profane language, as determined by Nuesoft; and
will not subject Nuesoft to any form of liability or prejudice whatsoever.
Warranty of Ownership: Submission of an entry constitutes each entrant’s certification that the entry is entrant’s own original work. By submitting any entry, entrant hereby grants Nuesoft and its successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform and display the entry or any portion thereof, in or through any medium, whether now known or hereafter created in any manner without further compensation during or after the Sweepstakes Period. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Nuesoft.
Identification of Winner: In the event of any dispute, an online Sweepstakes entry is deemed submitted by the registered internet or e-mail account holder associated with such entry. Telephone or facsimile entries are deemed submitted by the registered account holder of the associated telephone line. In all other cases, the Sweepstakes entry is deemed submitted by the name indicated thereon. Satisfactory proof of association shall be furnished to Nuesoft without fail.
Release of Likeness and Right of Publicity: Except where prohibited, by participating in the Sweepstakes and/or winning any prize, entrant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Nuesoft’s newsletters and Nuesoft’s web domain at Nuesoftzone.com, without additional compensation. See the section on “Personal Information”. All entries become property of Nuesoft and none will be acknowledged or returned.
Alternative Method of Entry: You may alternatively choose to enter the Sweepstakes via the following method:
1. Provide the following information on a plain postcard:
a. Your name;
b. Your e-mail address;
c. Your telephone number;
d. The name of the Sweepstakes you are entering; and
e. A statement that you wish to enter the Sweepstakes and have read and agreed to the official rules for the Sweepstakes.
2. Mail the postcard to the following address:
Nuesoft Technologies, Inc.
Attn: Marketing Department
1685 Terrell Mill Rd.
Marietta, GA 30067
Timing of Alternative Method: Postcards must be received by Nuesoft within the duration of the Sweepstakes as set out in the official Sweepstakes rules.
Odds of Winning: The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of Nuesoft for a prize of equal or greater value. Nuesoft will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. If a prize is mailed, the winner assumes the risk of the prize’s safe arrival. Prizes are offered “as is” with no written, express, or implied warranty.
Notification: Winners will be notified by mail, phone or e-mail within ten (10) business days of the prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. Allow 6 to 8 weeks for delivery of prizes.
Ticket Replacement: If a prize involves a trip to an event, Nuesoft is not obliged to replace tickets or award a substitute prize or give any form of compensation should the winner be unable to undertake such trip for any reason (including, without limitation, event cancellation, acts of God, travel restrictions or medical disabilities).ORMATION:
Third Party Websites: Where a Sweepstakes involves access to or use of a third party website (“Third Party Website”), entrant understands and agrees that:
- Nuesoft has no control over the Third Party Website whatsoever;
- Entrant is solely and fully responsible for his dealings with the Third Party Website and is alone responsible for making whatever investigation he or she feels is needed or useful before commencement of dealings, and taking all precautions deemed necessary to protect himself or herself from viruses, worms, Trojan horses, malware and other harmful or destructive materials potentially residing on the Third Party Website; and
- Nuesoft disclaims all responsibility for any harm resulting from entrant’s access to or use of a Third Party Website.
- Nuesoft assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to or alteration of entries, or any problem or technical malfunctions of any telephone network or line, computer online systems, servers, or providers, computer equipment, software, failure of any online Sweepstakes entry to be received on account of technical problems or traffic congestion on the Internet or at any website (including a Third Party Website), or any combination thereof, which may limit an entrant’s ability to participate in the Sweepstakes.
Deception: ANY ATTEMPT BY AN ENTRANT OR ANY THIRD PARTY TO CIRCUMVENT, TAMPER, DISRUPT OR DAMAGE THE SWEEPSTAKES ENTRY PROCESS, NUESOFT WEBSITE OR TELEPHONE SYSTEMS, DEFRAUD OR GAIN AN UNFAIR ADVANTAGE, ENGAGE IN UNSPORTSMANLIKE, DISRUPTIVE, ANNOYING, HARASSING OR THREATENING CONDUCT, OR OTHERWISE UNDERMINE THE FAIRNESS, INTEGRITY AND LEGITIMATE OPERATION OF THE SWEEPSTAKES, WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM THE SWEEPSTAKES AND MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS. NUESOFT RESERVES ALL RIGHTS, INCLUDING THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES), TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE POSSIBILITY OF CRIMINAL PROSECUTION.
Release and Indemnification: Entrant agrees to release, discharge, indemnify, defend and hold harmless Nuesoft, its affiliates, subsidiaries, its business partners, prize providers, and promotion and advertising agencies, and directors, officers, employees and agents of any and all of the aforesaid, and any other organizations related to the Sweepstakes, from and against any claim, damages or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, enjoyment, ownership, possession, use, misuse or inability to use any prize, or participation in the Sweepstakes or a related activity, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation (i) any condition caused by events beyond Nuesoft’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes.
Limitation of Liability: IN NO EVENT WILL NUESOFT BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT NUESOFTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Miscellaneous: Nuesoft assumes no responsibility for any administrative or typographical errors in the course of operating the Sweepstakes or in the Sweepstakes Official Rules or these Sweepstakes Terms and Conditions. Nuesoft reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes are compromised, without liability to the entrant. Nuesoft reserves the right to disqualify any entrant or winner, as determined by Nuesoft, in its sole discretion. The Sweepstakes is subject to these Sweepstakes Terms and Conditions and the Sweepstakes Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in these Sweepstakes, you acknowledge that you have read these Sweepstakes Terms and Conditions and the Sweepstakes Official Rules and agree to abide by them and by the decisions of Nuesoft, which are final and binding on all matters pertaining to the Sweepstakes. These Sweepstakes Terms and Conditions and the Sweepstakes Official Rules are governed by the law of the State of Georgia, excluding rules governing choice of laws.
Disputes: 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 shall be resolved individually, without resort to any form of class action, and exclusively by a state court located in Marietta, Georgia or a federal court located in Atlanta, Georgia; (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 in no event 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 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 Main Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
Timekeeper: Nuesoft is the official timekeeper for the Sweepstakes.
Main Sponsor: Nuesoft Technologies, Inc., 1685 Terrell Mill Rd., Marietta, Georgia 30067.