Official Rules
The following promotion is intended for the 50 United States and D.C. only (including territories, possessions, and commonwealths) and will be construed and evaluated according to United States laws. Do not proceed with this entry if you are not a legal resident of the U.S. or D.C. (including territories, possessions, and commonwealths), and 18 years or older as of Promotion start date.
OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., INCLUDING TERRITORIES, POSSESSIONS, AND COMMONWEALTHS, 18 YEARS OF AGE OR OLDER AS OF PROMOTION START DATE. VOID WHERE PROHIBITED.
1. NO ENTRY FEE, PAYMENT OR PURCHASE NECESSARY: A purchase of any
kind will not increase your chances of winning.
2. ELIGIBILITY: The Future Audiophile ORCHARD AUDIO 12-2024 Sweepstakes (the “Sweepstakes” or “Promotion”) is open to any living persons, 18 years of age or older at the time of entry who are residents of the United States and D.C. only (including territories, possessions, and commonwealths). Offer is void where prohibited. Employees of FutureAudiophile.com, Luxury Publishing Group, Inc. (“Publisher”), SVS (“Advertiser”)and their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, and the immediate families of each, are not eligible to enter.
3.TIMING: Sweepstakes begins at 12:01 a.m. PST on December 1 , 2024, and ends at 11:59 p.m. PST on December 31, 2024 (the “Entry Period”). All Entries must be received by the end time and date of the Promotion Period to be valid and eligible. Publisher’s computer is the official time keeping device for this Promotion.
4. HOW TO ENTER: To enter the FutureAudiophile.com – “ORCHARD 12-24 Sweepstakes” Sweepstakes may be entered solely via the Internet. To enter, access the FutureAudiophile.com website and complete and submit the online registration form (“Entry”) including a valid home address, P.O. Boxes are not permitted. Sweepstakes Entry must be made during the Entry Periodin order to be eligible for the drawing. Free computer terminals and Internet access may typically be obtained by the public at any public library; entrants are expressly prohibited from purchasing a computer or internet access for the purpose of entering this Sweepstakes. Limit: One (1) entry per person, household or e-mail address. All mass entries or reproductions are disqualified. Any attempt by entrant to obtain more than one (1) Entry by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your Entry and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes or other promotion entry services) will void all Entries by you. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the holder of the e-mail account. All Entries are the property of Publisher. Publisher reserves the right to disqualify any entrant who violates the rules or tampers with the promotion or the web site. Publisher and Advertiser reserve the right to modify, suspend or terminate the entire Promotion at any time. If Sweepstakes are terminated for any reason, notice will be promptly posted at FutureAudiophile.com
5. PUBLISHER’S DISCLAIMERS: FutureAudiophile.com is not responsible for lost, late, illegible or incomplete entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to, or alterations of entry materials, or for technical, network, systems, telephone equipment, and lines electronic, computer, hardware or software malfunctions, satellites, servers, and/or providers utilized in any aspect of the operation of the Sweepstakes, or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Publisher on account of technical problems or traffic congestion on the Internet or at the Advertiser website or any combination thereof. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Publisher reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part.
6. DRAWING: Potential Prize winners will be selected from all eligible entries in a random drawing to be conducted the week of January 1, 2025 by the Publisher, whose decisions are final and binding in all respects relating to this Sweepstakes. Odds of winning depend upon the number of eligible entries received. Potential Prizewinners will be notified, by email, the week of January 1, 2025. Prizewinner must respond within 48 hours or Prize will be forfeited. If for any reason Publisher is unable to contact a potential winner after reasonable efforts, the Prize is forfeited and an alternate winner will be drawn from all remaining eligible entries.
7. PRIZE: [One pair of ORCHARD Audio Premium Mono Amps valued at $2500 retail]. The following conditions shall apply to the Prize: (1) In order to receive the Prize, the winner must complete and return to Advertiser a standard Affidavit of Eligibility, Liability and Publicity Release (“Release”) form if so requested by Publisher or Advertiser; (2) Prize cannot be replaced if lost or stolen; (3) Substitution or transfer of Prize will not be permitted; (4) Publisher and Advertiser reserve the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason; and (4) Installation and set-up of the Prize is the Prize winner’s sole responsibility – Prize winner is strongly advised to follow all of manufacturer’s directions regarding the set-up and use of the product. Advertiser will, at no charge to Prizewinner, ship the Prize to the winner within ten (10) business days of the determination of winner’s eligibility AND Publisher’s receipt of the completed Release (unless prohibited by law) and tax information as set forth in paragraphs 7 and 8 of these Rules.
8. CONDITIONS OF PARTICIPATION: Void where prohibited otherwise or restricted by law. By entering or accepting a Prize in this Sweepstakes, winner agrees to be bound by these Official Rules, and to comply with all federal, state, and local laws and regulations. All licenses, registrations, federal, state and local taxes are the winners’ sole responsibility. There are no prize substitutions, transfers or cash equivalents permitted. A Release must be completed and returned by winner within fourteen (14) days after notification (unless prohibited by law) or an alternate winner will be selected. Winner’s tax identification information must be provided to Advertiser before the Prize is awarded.
9. Limitations on Liability: By accepting the Prize, the winner agrees to release and hold harmless the Advertiser/Prize Sponsor, FutureAudiophile.com and their respective parent companies, affiliates, subsidiaries, and directors, officers, attorneys, employees, and agents (“Released Parties”) from any and all damage, injury, death, loss, misfortune or other liability of any kind that may arise from or in connection with his or her acceptance of the Prize, possession or use of the Prize, or his or her participation in this Sweepstakes, or from any misuse or malfunction of any Prize awarded. The Released Parties are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Websites; theft, tampering, destruction, or unauthorized access to, or alteration of Entries; Entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; printing, typographical, human or other errors; and any Entries which are late, lost, incomplete, delayed, misdirected, stolen, mutilated, illegible or postage due, inaccurate, or any combination thereof. Entries are considered only upon receipt. Proof of online submission is not considered proof of delivery or receipt. Upon submission, all Entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any Grand Prize (as defined herein) awarded in this Promotion (including any travel or activity related thereto) or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court located in Los Angeles, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of the entrant and Advertiser in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. WHO WON: Following the drawing, the Prizewinner’s name will be posted on FutureAudiophile.com’s email newsletter. Alternatively, to obtain the name of the winner, send a request, referencing the name of the Sweepstakes to Info@FutureAudiophile.com.
12. MARKETING DISCLOSURES: Sweepstakes entrants will have the “opt-in” option, electable on the online entry form, to receive the FutureAudiophile.com e-mail newsletter which has audio-video news, audiophile equipment reviews and more from the world of consumer electronics. This subscription is at no cost. From time to time, we allow our advertisers to make targeted, relevant offers to our subscribers by email. All such offers are approved by FutureAudiophile.com com as to their content. Such advertisers tend to be audio/visual media product companies. If you would like to enter this Sweepstakes but not receive the other mailings – email Info@FutureAudiophile.com with the subject header “Remove” to be removed from our subscriber database. Consenting to receive such emails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning. For more information, we urge you to read our privacy policy.
13. SEVERABILITY: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
