GoPro Giveaway Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. OPEN ONLY TO LEGAL RESIDENTS OF [THE 50 UNITED STATES AND D.C.] WHO ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS GIVEAWAY. VOID WHERE PROHIBITED.

  1. ELIGIBILITY: The 3DMachines GoPro Giveaway is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of the 50 United States or the District of Columbia and who are 18 years of age or older and of the legal age of majority in the jurisdiction in which he or she resides. Persons who, as of the date of entry or as of the date of prize fulfillment, are an employee of 3DMmachines, are a 3DMachines Affiliate (as defined in Section 7,) or are a member of the immediate family or household (whether related) of any such employee, are NOT eligible. Eligibility determinations will be made by 3DMachines in his discretion and will.
  2. HOW TO ENTER: The entry period for the Giveaway begins at 12:01 a.m. Eastern Standard Time (EST) on June 1, 2018 and continues through 11:59 p.m. Eastern Standard Time (EST) on June 9, 2018 (the “Entry Period”). A person who participates in the Giveaway shall be considered an “Entrant.” [Any Entrant who is under 18 years of age or otherwise under the legal age of majority in the jurisdiction in which the entrant resides (a “Minor”) must obtain permission to enter from his or her parent or legal guardian, and the agreement of the parent or legal guardian to these Official Rules, prior to entry.] Entrants may enter the Giveaway via purchasing an item of merchandise from machinemerch.com OR by mailing a 3” X 5” index card to 3DMachines with your full name, date of birth, mailing address, and email address AND logging onto Twitter and composing a tweet that says exactly this: Hey @yt3dmachines I want to win the #3DMachines GoPro Giveaway on your #youtube channel, http://bit.ly/3dmachines
  • Purchase Entry: To enter the Giveaway via purchase, during the Entry Period, entrants may purchase an item of merchandise from machinemerch.com. With each order, you’ll obtain one entry. If the entrant is deemed a winner, they will be prompted to enter their email address so that 3DMachines may contact them and facilitate delivery of the prize.
  • Mail &Twitter Entry: To enter without making a purchase,hand-print your full name, date of birth, mailing address, and email address on a 3” x 5” index card, and mail it in a standard #10 envelope to: 3DMACHINES P.O Box 122, Gowanda, N.Y., 14070. You must also log onto Twitter and compose a tweet that says exactly this: Hey @yt3dmachines I want to win the #3DMachines GoPro Giveaway on your #youtube channel, http://bit.ly/3dmachinesto receive one (1) entry into the Giveaway. Entries must be postmarked during the Entry Period and received by 3DMachines no later than June 9, 2018.
    • If a Mail &Twitter entrant is deemed a winner, they will be contacted via Direct Message, tagged tweet, or email to facilitate delivery of the prize.Please keep in mind that 3DMachines is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries.
  • General Entry Terms and Conditions:Entrants may participate multiple times, regardless of the method of entry used. All submissions must be completed and received by 3DMachines prior to the conclusion of the Entry Period. All entries are subject to verification at any time. 3DMachines will have the right, in its sole discretion, to require proof of identity and/or eligibility in a form acceptable to 3DMachines (including, without limitation, government-issued photo identification).
  1. WINNER SELECTION: Prior to the drawing of a Giveaway winner, 3DMachines shall develop a universe of entry codes based on the number of entries. 3DMachines shall randomly select and identify one winning code from among all created entry codes. Winning entrants will be contacted via email, Direct Message, or tagged tweet. The potential winner(s) must respond to 3DMachines’ initial contact notification attempt within 3 days. The potential winner is subject to verification of eligibility and may, in 3Dmachines’ discretion, be required to complete, sign, and return an Affidavit of Eligibility/Release of Liability or an Affirmation of Eligibility/Release of Liability, as determined by 3DMachines. If the potential winner is a Minor, 3DMachines will have the right to request that the potential winner’s parent or legal guardian sign the Winner Verification Documents on behalf of the winner, or to award the prize directly in the name of the winner’s parent or legal guardian. If the potential winner cannot be reached or does not respond within 3 days of the initial notification attempt or fails to complete, sign, and return any required Winner Verification Documents or other documents within seven days of attempted delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and another entrant will be chosen.
  2. PRIZE:One (1) Grand Prize will be offered. The Grand Prize consists of one (1) GoPro Hero 5 Black with Sports Kit. 3DMachines shall have no liability whatsoever in connection with a Winner’s ability or inability to receive and use a prize. No substitution, cash redemption or transfer of the right to receive a prize is permitted by a Winner. The prize is awarded “as is” and without any warranty, except as required by law.
  3. RELEASE AND LIMITATION OF LIABILITY: By entering the Giveaway, to the fullest extent permitted by applicable law, each Entrant on behalf of himself or herself and anyone who succeeds to entrant’s rights and responsibilities including without limitation entrant’s heirs, executors, administrators, personal representatives, successors, assigns, agents, and attorneys, and with respect to minors entrant’s parents and legal guardians (collectively the “Entrant Parties”) releases 3DMachines, each of 3DMachines’ Affiliates, the licensees and licensors other than Entrant Parties, all other companies involved in the development or operation of the Giveaway, the successors and assigns of each of the foregoing and the directors, officers, employees and agents of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of 4 4850-6877-2958v.1 - action of any kind that the entrant and/or Entrant Parties ever had, now have or might in the future have arising out of or relating to the Giveaway, participation in the Giveaway, the provision, acceptance or use of any prize or any component thereof, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) or based upon any allegation of a violation of the laws, rules or regulations relating to personal information and data security. Each Entrant on behalf of himself or herself and the Entrant Parties agrees not to assert any such claim or cause of action against any of the Released Parties. Each Entrant on behalf of himself or herself and the Entrant Parties assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Giveaway, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing and publication of the Giveaway offer and administration of the Giveaway or in the announcement of the prizes. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to attempted communications with any entrant or Entrant Parties, the submission, collection, storage and/or processing of entries, Entry Codes or the administration of the Giveaway. The term “Affiliate” of 3DMachines means any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with 3DMachines. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction ofmanagement and policies of an entity, or the ownership, directly or indirectly, of morethan fifty percent (50%) of the equity interests of the entity.
  • General Rules:3DMachines has the right, in its sole discretion, to modify theseOfficial Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Giveaway at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct, failure or refusal of any person or entity involved in the development or operation of the Giveaway (including without limitation any author) to comply with such party’s obligations in connection with the Giveaway, failure or unavailability of any website or social media channel, account or platform on which the Giveaway is to be offered or other cause beyond the control of 3DMachines corrupts the administration, integrity, security or proper operation of the Giveaway or if for any other reason 3DMachines is not able to conduct the Giveaway as planned (including without limitation in the event the Giveaway is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, 5 4850-6877-2958v.1 - communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law. In the event of termination of the Giveaway, a notice will be shared and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. 3DMachines has the right, in its sole discretion, to disqualify or prohibit from participating in the Giveaway any individual who, in 3DMachines’ discretion,determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Giveaway by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of 3DMachines or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, 3DMACHINES HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. By participating in this Giveaway, entrants on behalf of themselves, and to the extent permitted by law on behalf of the Entrant Parties agree to be bound by these Official Rules and the decisions of 3DMachines, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of 3DMachines.
  1. DISPUTES: By entering the Giveaway, each entrant on behalf of himself or herself and the Entrant Parties agrees that, to the maximum extent permitted by applicable law, (a) any and all disputes, claims and causes of action arising out of or connected with the Giveaway, or the provision, acceptance and/or use of any prize or prize component, will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to you if you live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys’ fees; and (c) under no circumstances will any entrant or Entrant Party be permitted to obtain any award for, and each entrant and Entrant Party hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrants, Entrant Parties and 3DMachines in connection with the Giveaway shall be governed by, and construed in accordance with, the laws of the State of New York in the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Giveaway or relating to these Official Rules shall be instituted only in the federal or state courts located in Gowanda in the State of New York giving any right to trial by jury, and each entrant and Entrant Party consents to jurisdiction therein with respect to any legal proceedings or 64850-6877-2958v.1 - disputes of whatever nature arising under or relating to these rules or the Giveaway. In the event of any conflict between these Official Rules and any Giveaway information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
  2. SPONSOR: 3DMACHINES P.O Box 122, Gowanda, N.Y., 14070

ABBREVIATED RULES

No purchase necessary. Open only to legal residents of the 50 United States and D.C who are age 18 or older. Entry period begins at 12:01 a.m. Eastern Standard Time (EST) on June 1, 2018 and continues through 11:59 p.m. Eastern Standard Time (EST) on June 9, 2018. Void where prohibited. For full Official Rules, visit machinemerch.com. Sponsored by 3DMACHINES P.O Box 122, Gowanda, N.Y., 14070.