TOPS Products Survey – Free Sample Offer Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR ABILITY TO RECEIVE A FREE SAMPLE. THIS OFFER IS open to legal residents of THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“D.C.”) WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION. VOID ELSEWHERE AND WHERE PROHIBITED.
1. HOW TO PARTICIPATE: The first three thousand (3,000) eligible participants to click on the link provided by Sponsor via email and follow the on-screen instructions to complete and submit the survey (“Survey”) during the Offer Period (as defined herein) will receive a free sample of Ampad Versa® Notebook, or Shot Note Notebook (“Free Sample”) (collectively, the “Offer”). Offer period begins on March 28, 2016 at 12:00:00a.m Central Time (“CT”) and ends on April 14, 2016 at 11:59:59 p.m. CT, or whenever 3,000 valid Surveys have been received (the “Offer Period”). Offer valid while supplies of Free Samples last (only 3,000 Free Samples available total). The supply of Free Samples may be exhausted prior to the expiration of the Offer Period, depending on the number of eligible Surveys received. Once all Free Samples have been distributed a notice will be placed on www.tops-products.com. LIMIT ONE (1) SURVEY PER PERSON/E-MAIL ADDRESS/HOUSEHOLD.
If more than one Survey is received from the same person or from the same e-mail address, all Surveys submitted from said person or e-mail address may be disqualified. Surveys become the property of Sponsor and will not be acknowledged or returned. Proof of submission is not proof of receipt by Sponsor. Sponsor reserves the right to void all Surveys made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such method. Individuals may not participate with multiple e-mail addresses nor may individuals use any other device or artifice to participate multiple times or as multiple participants. Any individual who attempts to participate with multiple e-mail addresses under multiple identities or uses any device or artifice to complete multiple Surveys may be disqualified and forfeits any and all Free Samples, in Sponsor’s discretion. In the event of a dispute as to the identity of a participant, a Survey will be deemed made by the person named on the Survey. Only one person’s name may be stated on the Survey. Any Surveys not in compliance with these Terms will be disqualified. By participating, participants agree to be bound by these Terms.
2. ELIGIBILITY: This Offer is open to legal residents of the 50 United States and D.C. who are 18 years of age or older at the time of participation. Employees of Sponsor, its parent companies, affiliates, subsidiaries, advertising and promotion agencies, offer administrators (together “Sponsor and Offer Parties”) and members of such employees’ immediate families, defined as spouses, parents, children, siblings (whether such family members are biological, adoptive, step or in-law) and their respective spouses, and those living in the same household of such employees may complete a Survey, but are not eligible to receive a Free Sample. Offer is subject to applicable federal, state and local laws and regulations. Void where prohibited by law
3. FREE SAMPLE/ARV: THREE THOUSAND (3,000) Ampad Versa® Notebooks or Ampad Shot Note Notebooks TOTAL. Approximate Retail Value (“ARV”) of each Free Sample is: $11.00. Any difference between the stated ARV and actual value will not be awarded. Total ARV of all Free Samples is: $11.00. Limit one (1) Free Sample per person/household.
4. RESTRICTIONS: No substitution or cash equivalent allowed except by the Sponsor who reserves the right to offer a Free Sample of equal or greater value should a Free Sample become unavailable. Please allow 6-8 weeks for shipment of Free Sample after verification. If potential recipient is otherwise disqualified for any reason, the corresponding Free Sample will be forfeited and may be awarded to an alternate recipient, provided that adequate time remains to do so. Free Samples not claimed by eligible participants in accordance with these Terms, or returned, lost, or undeliverable Free Samples will not be awarded and will remain the property of Sponsor and Offer Parties. Sponsor is not responsible for any change of e-mail or mailing address of participants. Any and all warranties and/or guarantees on a Free Sample (if any) are subject to the respective manufacturers’ terms therefore, and recipients agree to look solely to such manufacturers for any such warranty and/or guarantee.
5. RELEASES AND GENERAL CONDITIONS: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE OFFER MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY SUCH PERSON AND SEEK DAMAGES FROM HIM/HER TO THE FULLEST EXTENT PERMITTED BY LAW. By participating in the Offer, participants agree: (a) Sponsor and Offer Parties and each of their employees, directors, officers, agents, successors or assigns (collectively “Releasees”), are not responsible for (i) electronic transmissions/Surveys that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by the Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Surveys, or for destruction of or unauthorized access to, or alteration of, Surveys; (iii) failed or unavailable hardware, network, software or telephone, cable or satellite transmissions, damage to participants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Offer; or (iv) any Surveys submitted in a manner that is not expressly allowed under these Terms. All incomplete or non-conforming Surveys will be void. Releasees are further not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any technical or human error which may occur in the transmission, receipt or processing of the Surveys. Releasees are not responsible for any errors, misprints, or typographical mistakes in any printed or electronic advertising of the Offer. If for any reason this Offer is not capable of running as planned, or if this Offer or any website associated with the Offer becomes corrupted or does not allow proper participation in the Offer and processing of Surveys per these Terms, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by participants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Offer, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this Offer. In the event this Offer is cancelled, Sponsor reserves the right to distribute Free Samples only to eligible, non-suspect Surveys received prior to the time of cancellation. Participants agree to indemnify and hold Releasees and their respective affiliates, officers, directors, agents or other partners, and any of their employees harmless from any and all claims, expenses, costs, losses, actions, liabilities, losses or damages of any kind, whether actual, incidental or consequential, incurred with respect to participation in this Offer, including, without limitation, the awarding, receipt, possession, and/or use or misuse of any Free Sample.
8. DISPUTES: Except where prohibited, participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Offer or any Free Sample shall be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Offer, excluding attorneys’ fees. Participant hereby waives all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for out-of-pocket expenses. This Offer is governed by the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules, and all participants hereby submit to the jurisdiction and venue of the federal, state and local courts located in Illinois.
11. SPONSOR: The Offer is sponsored by TOPS Products, a division of RR Donnelley & Sons Company, 35 W. Wacker Drive, Chicago, IL 60601.