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OFFICIAL RULES & REGULATIONS

1. NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.

2. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.


3. SPONSOR: This Sweepstakes, Contest, or Promotion (“Promotion”) is sponsored by Xenith LLC (“Xenith”), 672 Suffolk Street, Third Floor, Lowell, MA 01854 (“Sponsor”) and administered by Xenith LLC (“Xenith”), 672 Suffolk Street, Third Floor, Lowell, MA 01854 (“Administrator”). This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, YouTube, Instagram, or other social media platform. Entrants (and if eligible minors, their parents/legal guardians) understand that by participating in this Promotion, they are providing their information to Xenith LLC (“Xenith”), 672 Suffolk Street, Third Floor, Lowell, MA 01854, and not to Facebook, Twitter, YouTube, Instagram, or other social media platform. By participating in this Promotion, entrants (and if eligible minors, their parents/legal guardians) agree to a complete release of the social media platform(s) on which this Promotion appears from any and all liability that may arise from their participation in this Promotion. The information entrants provide will only be used for administering the Promotion and in accordance with Sponsor’s privacy practices. The registered names used in this Promotion are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.

4. ELIGIBILITY: The Promotion is open only to natural persons who are legal residents of the U.S. and Canada (except Quebec) who are at least 13 years old as of the date of entry. Employees of the Administrator and Sponsor and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to the Administrator and Sponsor through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Promotion. Subject to all applicable federal, state, and local laws and regulations. By participating in this Promotion, entrants (and if eligible minors, their parents/legal guardians) agree fully and unconditionally to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

5. HOW TO ENTER: The Promotion begins on the earlier of the date and time stated in the Promotion or the date and time posted on the social media platform and ends at 8:00 PM EST on the end date stated in the Promotion (the “Promotion Period”). All submissions prior to or following the Promotion Period will be disregarded and ineligible for the Promotion. Entries may be submitted only as stated in the Promotion.

6. No other method of entry will be accepted. All entries must be received during the Promotion Period. The Sponsor is not responsible for lost, misplaced, illegible, mutilated, incomplete or undelivered entries, and such entries will be deemed invalid. Limit one entry per person. Entries become the property of Sponsor and will not be returned. Entries will be deemed submitted by the “authorized account holder,” as defined below, of the social media account that submitted the entry at the time of entry. If multiple entries are received from any person in violation of these Official Rules, all entries from that person will be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

7. PRIZES AND ODDS: The prize to be awarded from the Promotion is stated in the Promotion. Approximate prize value varies. For approximate value of specific prizes, contact Xenith at cs@xenith.com. Actual odds of winning depend on the number of eligible entries received during the Promotion Period. Prizes are not transferable, redeemable for cash, or exchangeable for any other prize. All prizes are provided “AS IS” with no warranty or guarantee by Sponsor, either expressed or implied. Any and all warranties and/or guarantees with respect to a prize (if any) are subject to respective manufacturers’ terms; therefore, winners agree to such manufacturers’ terms for any such warranty and/or guarantee. No cash or other substitution of prizes is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsor will not replace any lost or stolen prizes.

8. SELECTION AND NOTIFICATION OF WINNER(S): The winner(s) will be selected at random on the on the date specified in the Promotion. WINNERS WILL BE NOTIFIED ONLY BY POST TO THE SOCIAL MEDIA ACCOUNT FROM WHICH THE WINNING ENTRY WAS MADE. The winner (and his/her parent/legal guardian if winner is an eligible minor) will be required to sign and return to Sponsor an Affidavit of Eligibility and a Liability & Publicity Release (where permitted by law) (“Prize Claim Documents”) in order to claim his/her prize. For Canadian residents only: each Canadian resident must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by email or by telephone before the Canadian resident is declared to be a Winner and will be disqualified if he/she fails to correctly answer the question. The winner will have 72 hours to contact Xenith at cs@xenith.com. If the winner is an eligible minor, the minor must provide the parent’s or guardian’s contact information and the parent or guardian must consent to provide information necessary to claim the prize. Failure to respond will mean the forfeiture of the prize. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a winner for any reason. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or Prize Claim Documents are not timely received, or are incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible entries timely submitted, pursuant to the above-referenced Promotion criteria.

9. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the social media account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to the social media account by the social media platform. If a winner is a minor, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification, the winner may be disqualified and an alternate winner may be selected.

10. TAXES: All federal, state, and local taxes, if any, and other incidental costs or expenses not identified in these rules are the responsibilities of the winners. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Entrants winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.

11. RELEASE: By receipt of a prize, winners (and if eligible minor, his/her parent or legal guardian) agree to release, indemnify, defend and hold the Sponsor and its affiliates, subsidiaries, directors, officers, employees, sponsors, and agents, including advertising and Promotion agencies, and assigns, and any other organizations related to the Promotion (collectively, Releasees”), harmless, from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Promotion or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Promotion to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; and (iii) any printing or typographical errors in any materials associated with the Promotion.

12. LIMITATION OF LIABILITY: The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL ENTRANTS.

13. PUBLICITY RELEASE: Except where prohibited, participation in the Promotion constitutes winner’s (and if eligible minor, his/her parent’s or legal guardian’s) consent to the perpetual, worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her (if true) for advertising and Promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, the Promotion website, and/or the Xenith website (www.xenith.com) without additional compensation.

14. GENERAL CONDITIONS: By participating in this Promotion, each entrant (and if eligible minors, their parents/legal guardians) acknowledges that he/she has read these Official Rules and agrees to be bound by them and by the decisions of the Sponsor, which are final and binding on all matters pertaining to the Promotion. Noncompliance with these Official Rules may result in disqualification and all associated entries will be void. All entries, as applicable, become property of Sponsor and none will be acknowledged or returned. Sponsor reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Promotion in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion and without liability to the entrant or winner. Promotion is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. Promotion is void where prohibited or restricted by law. Entrants (and if eligible minors, their parents/legal guardians) agree that any and all disputes arising under or relating to the Official Rules or the Promotion shall be mediated before any legal action or proceeding may be brought or filed. If a legal action or proceeding shall be brought or filed, entrants (and if eligible minors, their parents/legal guardians) agree that any such action or proceeding must be brought or filed in either the federal courts located in the U.S. District Court in Massachusetts or the state courts located in the Commonwealth of Massachusetts. The Sponsor may substitute prizes of equivalent value, amend the rules, or discontinue the Promotion at any time for any reason. The Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Promotion.

15. PRIVACY AND PERSONAL INFORMATION: Sponsor may collect personal data about entrants online, in accordance with Sponsor’s privacy policy and as may be more specifically set forth in these Official Rules. Please review the Xenith’s Privacy Policy at http://www.xenith.com/privacy-policy/. By participating in the Promotion, entrants (and if eligible minors, their parents/legal guardians) hereby agree to such collection and use of their personal information and acknowledge that they have read and accepted these Official Rules and Xenith’s privacy policy. By participating in the Promotion, each entrant (and if eligible minors, their parents/legal guardians) agrees that his/her entry (including without limitation any mobile phone information) may be used by the Sponsor in accordance with its Privacy Policy (please see Privacy Policy for more information) and may be shared with its affiliated business entities, sponsor, or partners (if applicable), if he/she opts in to receive e-mail, text messages, or other communications from the Sponsor. Entrants may subsequently opt-out of the receipt of such e-mail or communications by following the directions in the e-mail or communications. Entrants may also receive information from Sponsor, its sponsors, partners, and/or participating contributors via e-mail by “opting in” on the Promotion entry page.

16. WINNER’S LIST: The names of the winner(s) (if eligible minors, their parents/legal guardians) shall be posted on Xenith’s Facebook, Twitter, Instagram, YouTube, or other social media platform where the Promotion was posted.

The Promotion and all accompanying materials are Copyright © 2014 by Xenith LLC.