1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT ENHANCE CHANCES OF WINNING. The COWBOOM FALL GIVEAWAY (“Promotion”) is open and offered only to legal residents of the 50 United States and District of Columbia, 18 years of age and older (except residents of Alabama and Nebraska, who must be 19 years of age or older) who have either a Facebook or Twitter account during the Promotion Period (defined below). Employees and directors of Best Buy Stores, L.P. dba CowBoom (“Sponsor”), and their respective parent entities, subsidiaries and affiliated companies, advertising, promotion, or production agencies, any companies who are performing work in Sponsor’s stores at Sponsor’s request, and Web masters and Web suppliers (and their respective IRS dependents, immediate family members [children, spouse, parents, siblings and their respective spouses, regardless of where they reside] and individuals residing in their same household, whether or not related) are not eligible to participate. Void outside the 50 US/DC and where prohibited. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Promotion.
2. HOW TO ENTER: To enter the Promotion, you may complete either a Facebook Entry (defined below), a Twitter Entry (defined below), or both. Facebook Entry. From November 2, 2011 at 2:00 PM Central Time (“CT”) through November 14, 2011 at 11:59 PM CT (“Promotion Period”), eligible persons may enter the Promotion via Facebook by (a) navigating to the CowBoom Facebook page at http://www.facebook.com/cowboom and clicking on the “Fall Giveaway” tab, or by navigating directly to http://www.facebook.com/cowboom?sk=app_215485838479149; (b) accessing the Promotion Entry Form via “Liking” CowBoom and (c) completing the Promotion Entry Form, including confirming your agreement to the Promotion’s Official Rules and Sponsor’s Privacy Policy (collectively, “Facebook Entry”). Limit one (1) Facebook Entry per eligible person/e-mail (who must be the Facebook account holder). Registration by groups is not eligible. Twitter Entry. During the Promotion Period, eligible persons may enter the Promotion via Twitter by (a) visiting http://twitter.com/CowBoom (b) being a follower @CowBoom and (c) Re-Tweet the CowBoom Halloween Giveaway Tweet, which collective actions (as may be confirmed and verified by Sponsor in writing) confirm your agreement to the Promotion’s Official Rules and Sponsor’s Privacy Policy [DID YOU HAVE ANY OTHER PLANS FOR EVIDENCING AGREEMENT TO OFFICIAL RULES/PRIVACY, OR JUST THAT THE ACTIONS = AGREEMENT, SUBJECT OT CONFIRMATION (E.G. IF THE PRIZE WINNER, COULD CONFIRM THIS BY EMAIL AS PART OF NOTICE AND AWARD] (collectively, “Twitter Entry”). Limit: One (1) Facebook Entry (must be the account holder) and One (1) Twitter Entry (must be account holders), up to a maximum total of Two (2) Promotion Entries, per person/email address during Promotion Period. Please Note: You must have a valid Facebook or non-private Twitter account and agree to the Facebook or Twitter Terms of Service, located at http://www.facebook.com/terms.php and https://twitter.com/tos, respectively, and the Facebook or Twitter Privacy Policy, located at http://www.facebook.com/policy.php and https://twitter.com/privacy, respectively, in order to be eligible to enter. Registration on Facebook or Twitter must be completed before an Entry (as defined herein) can be submitted. Facebook or Twitter membership is free. Any Promotion-related participation must be by the authorized Facebook or Twitter account holder. “Authorized account holder” is deemed as the natural person who is assigned to a Facebook or Twitter account. Sponsor’s computer will be the official time clock for the Promotion. Please ensure accurate name and contact information for verification and potential prize fulfillment purposes. Any attempt by an entrant to enter or participate contrary to these Official Rules will result in disqualification, at Sponsor’s discretion. Entries will be retained by Sponsor for verification of Promotion participation, the purposes specified in these Official Rules (including any applicable terms and conditions), and as may be required by law. Entrants may receive communications from Sponsor about special promotions and product offers. To decline such notifications, follow the opt-out instructions in any communication received.
3. WINNER DETERMINATION; NOTIFICATION AND FULFILLMENT OF PROMOTION PRIZES: Potential winner will be selected in a drawing on or about November 16, 2011 at 2 PM (based on Central Time) from among all eligible Entries received during the Promotion Period. Drawing will be conducted by Sponsor whose decisions are final and binding in all matters relating to this Promotion. Any attempt by an entrant to enter more than twice during the Promotion Period will result in disqualification of all entries submitted by that entrant. Prize winners will be notified by e-mail within 24 hours of drawing and have 7 calendar days to redeem the prize. If after 7 calendar days, prize remains unredeemed, it will be forfeited, and an alternate potential winner will be drawn, subject to notice, acceptance and verification as specified in these Official Rules. Winners may also be announced on the CowBoom blog, Facebook and Twitter pages immediately after the drawing.
4. PRIZES/ODDS Upon verification (which may include, at Sponsor’s discretion, and Affidavit of Eligibility and Publicity and Liability Release), two (2) confirmed prize winners will receive one (1) $250 Visa Gift Card (AVR: $250.00). Prize cannot be transferred, assigned, substituted or redeemed for cash. Prize will not be fulfilled outside the 50 United States or DC. Taxes and any costs associated with winner’s receipt, acceptance and use of a prize are solely the winner’s responsibility. Odds of winning prize are dependent on the number of eligible Entries received as described in these Official Rules. Potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release within a reasonably prescribed period prescribed by Sponsor from notification and tender of documents by Sponsor or Sponsor’s agent. If documents are not returned on a timely basis, or if prize or prize notification is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected, subject to these Official Rules.
5. CONDITIONS OF PARTICIPATION: Participants agree (a) that Sponsor, and its parent entities, subsidiaries and affiliated companies, advertising and promotion agencies, any companies who are promotional participants or prize providers, and Web masters and Web suppliers, and all of their respective officers, directors, employees, representatives and agents (collectively, and including Facebook, Inc. and Twitter, Inc., “Released Parties”), will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion or any Promotion-related activity, or for any printing, production, technical, typographical, human or other error in the printing, offering or announcement of any prize; and (b) except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising, trade and/or publicity purposes (including, without limitation, winner status announcement) without additional compensation in all media now known or hereafter discovered, worldwide and on the Internet and/or World Wide Web, in perpetuity, without notice, review or approval. By participating in this Promotion, you acknowledge and agree that Sponsor may collect the personal information submitted by you, and use the information pursuant to Sponsor’s privacy policy available on-line at www.bestbuy.com http://www.cowboom.com/privacyPolicy.cfm or by calling 1-888-602-6963
6. LIMITATIONS ON LIABILITY: Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, unintelligible, non-delivered, misdirected, stolen Entries or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of Entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Drawing or in any Drawing-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Drawing or Web site, as solely determined by the Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserves the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Drawing or downloading materials from the Web site. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Drawing, and select winners for the corresponding drawing from all non-suspect, eligible Entries received for such drawing(s) prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant’s or other person’s system or equipment occasioned by participation in this Promotion. In the event of a dispute regarding prize claims or text messaging Entries received from multiple users having the same wireless telephone account, the user identified at the time of entry in the wireless carrier’s billing system for the wireless telephone number used to enter by sending a text message will be deemed to be the entrant and must comply with these Official Rules. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM WWW.COWBOOM.COM, WWW.BESTBUY.COM, OR ANY OTHER WEB SITE ASSOCIATED WITH THIS PROMOTION. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. GOVERNING LAW: Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Sponsor, shall be construed and governed by the laws of the state of Minnesota, without regard to conflicts of law. All suits or claims brought in connection with this Promotion must be brought in a state or federal court in Minneapolis, Minnesota.
8. WINNERS LIST/OFFICIAL RULES REQUEST: For name of winner or a copy of these Official Rules, (a) send a self-addressed stamped envelope in a separate, first class stamped envelope to ATTN CowBoom Fall Giveaway Official Rules/Winner’s List (designate which or both), 30 Executive Park, Suite 100, Irvine, CA 92614; (b) or send an email with the subject line: ATTN CowBoom Fall Giveaway Rules/Winner’s List (designate which or both) to contest@cowboom.com or contests@cowboom.com. Requests must be received by November 14, 2011. Winner- may also be announced on the CowBoom blog, Facebook and Twitter pages immediately following the drawing.
9. SPONSOR: Best Buy Stores, LP dba CowBoom, 7601 Penn Avenue South, Richfield, MN 55423. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Twitter.