Quikcell 2023 Product Feedback Giveaway

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility : The Quikcell 2023 Product Feedback Giveaway (the “Giveaway”) is open only to legal residents of the 50 United States, and the District of Columbia, who are at least eighteen (18) years old at the time of entry. Employees of Quikcell and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Giveaway or production or distribution of Giveaway materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Void outside the U.S., in Puerto Rico, and wherever else prohibited by law.
2. Sponsor : Alpha Comm Enterprises, 1500 Lakes Parkway, Lawrenceville GA 30043
3. Agreement to Official Rules : Entrant’s participation in the Giveaway is conditioned upon his or her full and unconditional acceptance to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Giveaway. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing : The Quikcell 2023 Product Feedback Giveaway begins at 12:00:01 AM Eastern Time (“ET”) on Sunday, January 1, 2023 and ends at 11:59:59 PM ET on Sunday, December 31, 2023 (the “Giveaway Period”).

Sponsor’s computer is the official time-keeping device for the Giveaway.

5. How to Enter : There are two (2) methods of entry.

Method #1 – Product Review: Access the product feedback form webpage via the QR Code on the product packaging during the Sweepstakes Period; follow the instructions by submitting feedback of a Quikcell product; provide the information requested information on the entry form; and submit the entry form (the “Entry”). Online entries must be received between 12:00:01 AM Eastern Time (“ET”) on Sunday, January 1, 2023, and 11:59:59 PM (“ET”) on Sunday, December 31, 2023 in accordance to the various entry periods as outlined above. All entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process will be void. Limit: One (1) entry per person per day. Entrants are not permitted to review more than one (1) product per day.”

Method #2 – Mail-In Entry: Send a dated letter or postcard (the “Entry”), including the Entry Period you are submitting your entry for, your name and complete address to: Quikcell Product Feedback Giveaway, 1500 Lakes Parkway, Lawrenceville GA 30043. Each mail-in entry must be mailed separately and must be postmarked during the applicable Entry Period and received within seven (7) days later.

To protect your privacy, it is recommended participants send any mail-in entries in an envelope. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries. Proof of submission does not constitute proof of receipt.

Limit: One (1) Entry per person per day regardless of method of entry even if the entrant had more than one email address. In the event of a dispute, online Entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

6. Entry Periods: There are three (3) Entry Periods as defined in the chart below (“Entry Period”). Entries must be received according the chart below to be eligible for that Entry Period drawing. Non-winning entries from any Entry Period will not be rolled over to subsequent Entry Periods.

7. Conditions of Entry: As part of the entry process, entrants will be required to indicate that they have read, accept and agree to be bound by these Official Rules. Reviews do not need to be positive and/or of any particular length. The length and/or content of a review will not improve your chances of winning. Incomplete entries are void. Any individual that, in the sole discretion of Sponsor, is suspected of submitting entries in excess of the permitted maximum, by any means, including but not limited to establishing multiple email accounts, will be disqualified from participation in this Giveaway.
8. Ownership And Use Of Entries: ALL ENTRIES (BOTH WINNING AND NON-WINNING) BECOME THE SOLE PROPERTY OF SPONSOR. Sponsor reserves all rights, including the right to edit, publish, use, display, adapt, modify, or dispose of any Entries including without limitation product reviews, proper names, likenesses, photographs, and/or city/states for advertising and promotional purposes in all media now or hereinafter existing (including and without limitation, the Internet) without additional compensation, except where prohibited by law. Entries further constitutes entrant’s assignment and transfer to Sponsor of any and all rights, title and interest in the entry, without limitation, including all copyrights and trademark rights and waiver of all moral rights. Entrant represents and warrants that their entry is original and does not infringe the rights of any third party and hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the entry, or any derivative works infringe any of entrant’s rights as creator of the entry, including, without limitation, trademark rights, copyrights and moral rights. All elements of all entries, including all United States and all other intellectual property rights in the entries, shall be owned exclusively by Sponsor. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
9. Winner Determination : Sponsor will randomly select the potential Entry Period Sweepstakes winners from all eligible entries received during the Entry Period. The drawing for each Entry Period will be held as defined in the chart above. If selected, the potential winner will be notified by mail, email or phone.
10. Winner Requirements: All potential winners must comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. The potential winners will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”), which must be received by Administrator/Sponsor within seven (7) calendar days of the date notice or attempted notice is sent, in order to claim his/her prize. Prizes will be awarded within approximately thirty (30) calendar days after the winner is verified. If a potential winner cannot be contacted, fails to execute, or fails to return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, the potential winner shall forfeit the prize. In the event that a potential Giveaway Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all eligible entries. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, city, state, likeness, Entry and/or prize information in connection with the Giveaway, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 12, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
11. Prizes : Entry Period Grand Prize : One (1) Prize Pack will be available to be won each Entry Period during the Giveaway Period. Grand Prize is for one (1) Quikcell QVibe 200 Bluetooth On-Ear Headphones (Actual Retail Value (“ARV”) $39.99), one (1) Quikcell QAir Buds + True Wireless Earbuds (ARV $49.99), one (1) Quikcell Powerfuel P20k 20000mAH Power Bank (ARV $49.99), one (1) Quikcell PowerProp Universal Wireless Charging Station (ARV $49.99), and one (1) Quikcell OnBeat Max wireless speaker (ARV $49.99). Total ARV of prize pack is $240.

Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Limit: One (1) Giveaway Prize per person during the Giveaway Period.

Odds of winning will depend upon the total number of eligible entries received.

Winners are responsible for all federal, state, local and income taxes associated with winning and or use of the prize.

12. Release: By participating, entrant agrees to release and hold harmless Sponsor, Administrator, and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of any prize.
13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. An attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. Limitations of Liability : The Released Parties are not responsible for : (1) any incorrect or inaccurate information, whether caused by entrant, printing errors, or by any of the equipment or programming associated with or utilized in the

Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (5) late, lost, undeliverable, damaged, or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Giveaway. If for any reason an entrant’s Giveaway entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway, provided that, if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Giveaway prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

15. BINDING ARBITRATION : Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW : (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
16. GOVERNING LAW & JURISDICTION : These Official Rules and the Giveaway is governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Giveaway Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of Georgia, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the state and federal courts located in Gwinnett County, Georgia, and the Northern District of Georgia, respectively.
17. Entrant’s Personal Information : Information collected from entrant is subject to Sponsor’s Privacy Policy, which can be found at www.quikcell.com/privacy.
18. Winner List : Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 9, 2024. For the Winner List, send a stamped, self-addressed envelope to: The Quikcell 2023 Product Feedback Giveaway Winner Confirmation Request, 1500 Lakes Parkway Lawrenceville GA 30043.