Live Q&A Giveaway Terms

Live Q&A with the Smart Home Team Event Rules (“Official Rules”)

October 28, 2024

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

BY ENTERING INTO THIS EVENT, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT, DO NOT ENTER THIS EVENT.

1. LIVE Q&A WITH THE SMART HOME TEAM EVENT OVERVIEW: The “Live Q&A with the Smart Home Team Event” (this “Event”) is sponsored by Smithville Telecom LLC (“Sponsor”) with a principal place of business located at 1600 W. Temperance Street, Ellettsville, IN 47429 (“Sponsor’s Main Office”).

2. ELIGIBILITY: This Event is open to residents of Indiana that live within 150 miles of Ellettsville, Indiana, who (i) are eighteen (18) years of age or older at the time of entry, (ii) have a valid Facebook account, and (iii) comment the word “garage” on the live stream video during the Event Date (each, an “Eligible Entrant”). Each person who participates in this Event is referred to herein as a “Participant”. Participant is limited to one entry during the event. Employees and their related are not eligible to win.     

3. EVENT DATES: This Event will take place via Facebook Live on Monday, October 28, 2024 from 3:00PM EST until 3:30PM EST (the “Event Date”), at the following link: https://www.facebook.com/events/880465687311365. 
   
4. EVENT PROCEDURES: During the Event, Eligible Entrant must enter a comment on the live video containing the term “garage” on during the Event Date (the “Entry”). 
   • Entries that are incomplete, late, misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion, at the Sponsor’s sole discretion.  Attempts made by the same individual to submit multiple entries by using multiple Facebook accounts, emails, or other means may be disqualified.
   • In the event that a Participant does not comply with any of the requirements contained in this Section or that are otherwise provided for herein, at the sole determination of Sponsor, such Participant shall be disqualified. Moreover, at the sole determination of Sponsor, all of that Participant’s Entries may be deemed null and void, not honored or acknowledged, and may be grounds for forfeiture of his/her prize. By entering this Event and not opting out of participating, each Participant agrees that they have read and accepted these Official Rules. 

5. NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS EVENT. FURTHER, A PURCHASE WILL NOT IMPROVE A PARTICIPANT’S CHANCES OF WINNING A PRIZE IN THIS EVENT.

6. PRIZES, PRIZE VALUES, ODDS OF WINNING AND COLLECTING PRIZES: The following outlines the prize distribution.
   • At the conclusion of the Event (the “Drawing Date”), a representative of Sponsor will randomly select three (3) Prize Winners from the eligible Entries.  The odds of an Entry being randomly selected as the Prize Winner depends entirely on the number of Entries. 
   • A Participant is eligible to win a Chamberlain Smart Garage Control – Wireless Garage Hub and Sensor with Wifi and Bluetooth – Smartphone Controlled, myQ-G the0401-ES, White with an approximate retail value of approximately $27.53 (the “Prize”). 
   • A Prize may not be transferred. The Prize Winners will be announced at the conclusion of the Event on Facebook Live and will be notified via direct message on Facebook from the @mysmithville Smithville Facebook account on October 28, 2024.   

7. CONDITIONS: All taxes and fees on the Prizes are the sole responsibility of each Prize Winner. Each Prize Winner may be required to provide tax information, as required by the Internal Revenue Service (“IRS”). Each Prize Winner is solely responsible for reporting and paying all applicable federal, state and local taxes related to the Prize.  Sponsor is responsible for all shipping and handlings fees related to the delivery of the Prize.  

8. MISCELLANEOUS:
   • By entering or participating and not otherwise opting out, Participant unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final. Sponsor reserves the right to disqualify any Participant or winner who, in its sole suspicion, tampers with the entry process, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. In the event of a discrepancy between these Official Rules and any creative/collateral materials relating to this Event, these Official Rules will prevail.
   • All federal, state, and local laws apply, and all applicable federal and state taxes are the sole responsibility of each Prize Winner.
   • The IRS requires Sponsor to issue Form 1099-MISC for U.S. residents for each winner who receives a prize, if the amount of the prize is six hundred dollars ($600.00) or more. Sponsor will send the Prize Winner a Form W-9, which must be completed and returned to Sponsor for the Prize Winner to receive the Prize, if applicable. Any Prize Winner who fails to promptly (i.e., within ten (10) business days) provide a completed W-9, including, without limitation, his or her social security number, shall forfeit any and all rights to the Prize.
   • Sponsor is not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible Entries; (ii) any condition caused by events beyond the control of Sponsor that may cause this Event to be disrupted or discontinued; (iii) any injuries, losses, or damages of any kind caused by a Prize or resulting from acceptance, possession, or use of a Prize, or from participation in this Event; (iv) any printing or typographical errors in any materials associated with this Event; or (v) late, lost, delayed, or damaged delivery of the Prize. Sponsor reserve the right at its sole discretion to suspend, modify or terminate this Event (or portion thereof) for any or no reason, including if Sponsor determines that any portion of this Event is compromised for any reason, and, if terminated, at Sponsor’s discretion, Sponsor may select the potential winner(s) for the drawing(s) at issue from among all non-suspect, eligible entries received for the applicable drawing(s) prior to action taken.
   • For the name of the  Prize Winner(s) and/or an additional copy of these Official Rules, send a request to Sponsor at lindsay.fipps@smithville.com. 
   • Any inquiries or questions regarding this Event may be sent by email to lindsay.fipps@smithville.com. 

9. SOCIAL MEDIA DISCLOSURE: Although this Event may be advertised on Facebook, the platform X, formerly known as Twitter, Instagram, YouTube channel or other social media platforms, this Event is in no way sponsored, endorsed or administered by, or associated with, Facebook, X, Instagram, YouTube or other social media platforms. Participants are providing their information to Sponsor and not to Facebook, X, Instagram, YouTube or other social media platforms. The information a Participant provides will only be used by Sponsor and its agents. By entering, Participants provide a complete release of Facebook, X, Instagram or YouTube from any and all responsibilities implied or provided by Sponsor and that this Event is in no way sponsored, endorsed or administered by, or associated with, Facebook, X, Instagram or YouTube.
10. USE OF DISCLOSED INFORMATION: Information transmitted to Sponsor will generally be treated as non-confidential and non-proprietary. Except where prohibited by law, entry constitutes permission to use each Prize Winner’s name, biographical information and/or likeness for online posting and /or any other written or photographic advertising and publicity without additional compensation. Further, by entering this Event, a Participant is granting Sponsor permission to use his/her contact information to (i) contact him/her regarding a Prize and (ii) provide him/her with marketing or other informational materials related to Sponsor.
11. ARBITRATION: Except where prohibited by law, as a condition of participating in this Event, Participant agree that (a) any and all disputes and causes of action arising out of or connected with this Event, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest Sponsor’s Main Office; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will a Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Event), and Participant further waives all rights to have damages multiplied or increased. PARTICIPANT, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVES ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND PARTICIPANT. PARTICIPANT UNDERSTANDS THAT PARTICIPANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
12. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Sponsor in connection with this Event, shall be governed by, and construed in accordance with, the substantive laws of the State of Indiana. Sponsor reserve the right to revise these rules to comply with applicable law.
13. SEVERABILITY: If any provision(s) of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor reserve the right in its sole discretion to supplement or make changes to these Official Rules with or without notice.
14. GENERAL: By participating in this Event, Participants agree to be bound by these Official Rules and any determinations of Sponsor, as determined in its sole discretion, on all matters relating to this Event, and to any Prize, all of which are final and binding. In the event that Sponsor is prevented from continuing with this Event, or the integrity and/or feasibility of this Event as planned is undermined by any event including but not limited to any error, virus, bugs, non-authorized human intervention, action of Participants or other causes beyond the control of Sponsor that corrupt or impair the administration, security, fairness or proper play of this Event, or any fire, flood, weather event, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, or order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to disqualify you and to abbreviate, modify, suspend, cancel or terminate this Event.