1. TRADE PROMOTION DATES: The Trade Promotion begins on May 20, 2020 at 12:00 PM AEST and ends on May 31, 2020 at 11:59 PM AEST (“the Trade Promotion Period”). All entries outside the Trade Promotion Period are void.
2. TRADE PROMOTION SPONSORS: Kingston Technology International Limited (“Kingston”) Stratus House, College and Business Technology Park, Blanchardstown Road North, Dublin 15, Co Dublin, Ireland.
4. ELIGIBILITY: The Trade Promotion is open to persons who, as of date of entry, are legal Australia and New Zealand residents, are at least 18 years of age or older, and are not on any government restricted persons list. The Trade Promotion is not open to an employee, director or other representatives (and their respective dependents, immediate family members (spouse, children, parents, siblings) and individuals residing in their same household), of Kingston, and Sideqik, and their respective affiliates and subsidiaries. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin. Kingston reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate. By participating, Entrant agrees to abide by these Official Rules and the decisions of Kingston, Sideqik, and their affiliates and subsidiaries, which are final and binding in all respects.
5. TRADE PROMOTION ENTRIES: The Trade Promotion is a random drawing from all eligible entries received during the Trade Promotion Period on Kingston’s Sideqik platform.
In order to enter via one of the social media channels, you must have a Twitter, Instagram, Facebook, or YouTube account. If you do not have an account, you must register for an account with Twitter (https://twitter.com), Instagram (http://instagram.com), Facebook (https://facebook.com), or YouTube (https://youtube.com). Registration for and use of Twitter, Instagram, Facebook, or YouTube is subject to their terms and conditions.
Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Twitter, Instagram, Facebook, or YouTube accounts, identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Use of any script, computer programs, or other automated system to participate is prohibited and will result in disqualification.
In the event of a dispute over the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder of the email address associated with the Twitter, Instagram, Facebook, or YouTube account. The Entrant may be required to provide proof of being an authorized account holder.
An Entrant is only eligible to win one (1) prize regardless of the number of eligible entries.
This Trade Promotion is not sponsored, endorsed, or administered by, or associated with, Twitter, Instagram, Facebook, or YouTube. You understand that you are providing your information to Kingston and Sideqik, and not to Twitter, Instagram, Facebook, or YouTube. Entries must comply with The Twitter Rules (https://help.twitter.com/en/rules-and-policies/twitter-rules) and will be disqualified for noncompliance. To the extent permitted by law, you understand and agree not to hold Kingston liable or responsible for the actions or inactions of Sideqik, and you agree not to hold Kingston liable or responsible for any claims, disputes, issues, damages, losses, injuries, or harm you may have arising from any goods or services you received from Sideqik or from participation in the Trade Promotion.
For the avoidance of doubt, this clause does not affect consumers’ rights under the Australian Consumer Law, the Fair Trading Act 1986 (New Zealand) and the Consumer Guarantees Act 1993 (New Zealand).
6. HOW TO ENTER:
To enter during the Trade Promotion Period, complete the entry form at https://app.sideqik.com/5ebde69cb809070040e50411/hyperx-anz-wireless-upgrade-giveaway#/enter with your first and last name, email address, and state/province of residence. Your information will be used to contact you if you are a winner. You will also need to verify that you are over the age of 18 and agree to the Official Rules.
Next, complete at least one of the following actions through Sideqik:
Follow HyperXAnz on Twitter (@HyperXAnz) for three (3) entries Follow HyperXAnz on Facebook (@hyperxanz) for three (3) entries Follow HyperX on Instagram (@hyperx) for three (3) entries Visit www.hyperxgaming.com for five (5) entries Visit https://hyperx.gg/3eCc2uW for five (5) entries Visit https://hyperx.gg/youtube for three (3) entries Retweet any tweet from HyperX regarding HYPERX WIRELESS UPGRADE TRADE PROMOTION for seven (7) entries Share HYPERX WIRELESS UPGRADE TRADE PROMOTION on Facebook for seven (7) entries Tweet about HYPERX WIRELESS UPGRADE TRADE PROMOTION on Twitter for seven (7) entries You may enter the Trade Promotion and gain up to forty one (43) entries, provided that each entry is from completing a different action. Kingston may decline to accept any entry which, in its reasonable opinion, does not comply with these Terms and Conditions.
7. THE WINNER(S): On June 1, 2020 at 12:00 PM AEST, four (4) winners (“Winners”) will be randomly selected from among all eligible entries received by Sideqik during the Trade Promotion Period. Odds of winning will depend on the number of eligible entries received.
Winners must also comply with documentation required to claim the prize. THE TRADE PROMOTION IS VOID EVERYWHERE EXCEPT THE CONTIGUOUS AUSTRALIA AND NEW ZEALAND. NOTWITHSTANDING THE FOREGOING, THE TRADE PROMOTION IS ALSO VOID WHERE PROHIBITED BY LAW. Participation constitutes your full and unconditional agreement to these Terms, and the decisions of the Trade Promotion sponsor, which are final and binding in all matters related to the Trade Promotion. Winning is contingent upon fulfilling all requirements set forth herein.
Kingston reserves the right to request the Prize Winner provide proof of age, identity and residency at their nominated address.Identification considered suitable for verification is at the discretion of Kingston. In the event that a Prize Winner cannot provide suitable proof, the Prize Winner will not be entitled to receive the Prize and no substitute will be offered.
8. NOTIFICATION OF WINNER(S): The Winners will be notified by email provided on the entry form and listed on the Sideqik page by 4:59 PM AEST on June 9, 2020. If a Winner cannot be located, an alternate prize winner can be selected by Kingston. Winners have until five (5) days after their notification to contact Kingston to redeem their prize. The notification window ends on 10:00 AM AEST on the fifth (5th) day. In the event that a Winner is disqualified for any reason, Kingston will award the prize to an alternate entrant.
9. PRIZE(S): Winners are responsible for any taxes, including, but not limited to all federal, state/provincial and local taxes. Kingston, at its discretion, may award a prize of equal or greater value. Value of any prize is based on information from Kingston. Prizes are as follows:
One (1) 1st place winner will receive:
1x Cloud Flight S wireless gaming headset 1x Pulsefire Dart wireless gaming mouse 1x Fury S XL mousepad 1x Headphone stand 1x Trendy Fanny Pack 1x Drawstring Bag 1x Towel 1x Cleaning kit Three (3) runners up will receive:
1x Fury S XL mousepad 1x Headphone stand 1x Trendy Fanny Pack 1x Drawstring Bag 1x Towel 1x Cleaning kit If the Prize is unavailable, Kingston, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize of equal monetary value and/or specification, subject to any written directions from a regulatory authority.
Prizes are non-exchangeable, non-transferable, and are not redeemable for cash or other prizes.
10. ADDITIONAL CONDITIONS: Kingston, Sideqik and each of their affiliates are not responsible for entries that are lost, misdirected, not viewable, late, invalid or incompletely received for any reason, including by reason of hardware, software, browser or network failure, cell phone malfunction, traffic, or incompatibility at the website or elsewhere.
By entering the Trade Promotion, you consent to the use of your name, photo and/or likeness, biographical information, and statements attributed to Winner (if true) for advertising and promotional purposes by Kingston without notification, review or approval, and without additional compensation, unless prohibited by law. Winner will be required to complete and return a publicity release permitting the use of their names, photographs or other likenesses, biographical information and statements concerning the Trade Promotion, without notification, review or approval, and without additional compensation, for advertising and promotional purposes by Kingston and any party associated with the Trade Promotion.
Each Entrant releases and discharges Kingston, Sideqik, Instagram, Twitter, Facebook, YouTube, and any other party associated with the Trade Promotion, and their agents or representatives, from any and all liability in connection with the Trade Promotion, including, without limitation, legal claims, costs, injuries, loss or damages, demand or actions of any kind. BY PARTICIPATING IN THE TRADE PROMOTION, YOU WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS KINGSTON, SIDEQIK, THEIR AFFILIATES, SUBSIDIARIES, PRIZE SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, OR ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE TRADE PROMOTION (INCLUDING BUT NOT LIMITED TO ANY ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE BY THE WINNER). FURTHER, KINGSTON, SIDEQIK, THEIR AFFILIATES, SUBSIDIARIES, PRIZE SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES SHALL NOT BE RESPONSIBLE FOR (1) INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE TRADE PROMOTION; (2) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE TRADE PROMOTION; AND (3) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE TRADE PROMOTION OR THE PROCESSING OF ENTRIES.
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE TRADE PROMOTION OR USE OF THE WEBSITE OR PRIZE SHALL BE AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE, THE TRADE PROMOTION AND THE PRIZE IS PROVIDED ON AN "AS IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KINGSTON AND SIDEQIK DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. KINGSTON, AND SIDEQIK MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TRADE PROMOTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ALL CLAUSES IN THE OFFICIAL RULES (INCLUDING BUT NOT LIMITED TO CLAUSE 5, 10 and 13) do not affect consumers’ rights under the Australian Consumer Law, the Fair Trading Act 1986 (New Zealand) and the Consumer Guarantees Act 1993 (New Zealand).
11. MORE RULES: The Trade Promotion is void where prohibited or restricted by law, and is subject to all applicable mandatory federal (national), state/provincial and local laws. Kingston reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Trade Promotion or any portion hereof at any time without reason or explanation; or to disqualify any individual who attempts to unfairly manipulate or corrupt: (a) the Trade Promotion, or (b) any website associated therewith.
13. Governing Law and Jurisdiction; Binding Arbitration. The Trade Promotion and these Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws rules.
Any dispute or claim arising out of or relating in any way to the Trade Promotion, these Terms, or to any products or services sold or distributed by Kingston shall be resolved exclusively by binding arbitration, on an individual basis, administered by the American Arbitration Association (“AAA”) rather than in court.
This arbitration agreement shall be governed by the Federal Arbitration Act (“FAA”) and any arbitration brought pursuant hereto shall be held exclusively in Orange County, California.
BY AGREEING TO ARBITRATION AND TO THE EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AND CONDITIONS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association(AAA) describing your claim and serve a copy of the demand on Kingston Technology Company, Inc., Attn: Legal Department, 17600 Newhope Street, Fountain Valley, California, 92708. The arbitration will be conducted by the AAA under its rules, applying California law consistent with the FAA, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs in connection with such Trade Promotion, but in no event attorneys’ fees.
All claims, disputes, or controversies arising out of or relating in any way to the Trade Promotion, these Terms, or to any products or services sold or distributed by Kingston shall be resolved on an individual basis between you and Kingston. Neither you nor Kingston shall bring any class, collective, or multi-party claims against the other. Moreover, neither you nor Kingston shall be a claimant or otherwise participate as a party in any class, collective, or multi-party claims or proceedings brought by any other person or entity. Finally, there shall be no authority, express or implied, for the arbitrator to consolidate or join the claims of other persons or parties with any other who may be similarly situated.
If, despite the mandatory arbitration provision contained herein, any claim(s) proceeds (or is allowed to proceed) in court rather than in arbitration, (i) the claim(s) must be brought exclusively in the appropriate state or federal courts sitting in Orange County, California, which the parties hereby consent to personal jurisdiction in; and (ii) we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
To the extent permitted by law, you agree not to hold Kingston responsible for any dispute or claim you may have against Lachlan and Sideqik, and that those disputes and claims shall be governed by and resolved in accordance with your agreement with Lachlan and Sideqik.
Right to Opt-Out of this Arbitration Provision. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF. Opting out of the arbitration provision will have no adverse effect on your relationship with Kingston or your participation in the Trade Promotion. In order to exclude yourself from the arbitration provision, you must notify Kingston in writing within 30 days of the date that you first accept these Terms. To be effective, timely written notice of opt out must be delivered to Kingston Technology Company, Inc., Attn: Legal Department, 17600 Newhope Street, Fountain Valley, California, 92708, and must include your name, address, and unique code from the sticker, as well as a clear statement that you do not wish to resolve disputes with Kingston through arbitration. If you have previously notified Kingston that you wish to opt-out of arbitration, you are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid, and you must pursue your claim in arbitration.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Trade Promotion open to legal residents of Australia and New Zealand. Contestants must be 18 years of age or older to win depending on the specific age requirements of the contestant’s state or jurisdiction which requirements contestant is solely responsible for complying with.