Terms and Conditions
Terms & conditions of Siremix GmbH.com and the purchase of products from Siremix GmbH
Please read the following terms and conditions carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that apply to your purchases.
This web site located at URL Siremix GmbH.com (“this Site”) is managed by a third party service provider of Siremix GmbH (the “Online Store” and, collectively with Siremix GmbH, “we” or “us”). The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions (the “Terms and Conditions”). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.
Disclaimer and Limitation of Liability as to this Site
Capacity to Contract
Third party content
Prices, Shipping and Handling Charges
Sales and Other Taxes
FOB Siremix GmbH Warehouse
Compliance With Laws
Compliance with Return Policies
Termination of Usage
Disclaimer and Limitation of Liability as to Products Sold
Copyright and Trademark Notice
How to Contact Us
Siremix GmbH sweepstakes
Disclaimer and limitation of liability as to this Site
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site..
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You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
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Capacity to contract
You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this site..
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In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge..
We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site (“Feedback”). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.
This Site may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation of or content located on or through any such Web site.
Third party content
Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Prices, shipping and handling charges
Not all prices include charges for shipping and handling or taxes. Separate charges for shipping and handling will be shown on the invoice including any additional charges, duties, taxes or fees for international shipments.
Sales and other taxes
We are obligated to withhold sales tax for delivery within certain states and countries and all such taxes shall be automatically charged and withheld. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order not collected by us.
FOB Siremix GmbH warehouse
Products purchased from the Siremix GmbH online store are shipped FOB from our warehouse, meaning risk of loss passes to you when we deliver them to your designated carrier. Given the high value of these items, we strongly recommend that you *not* authorize the carrier to leave them for you without an authorized signature. Siremix GmbH will be not be responsible for any theft of goods that occur after your items leave our warehouse.
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Compliance with laws
Compliance with return policies
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy (located in the Customer Service section of this Site) is incorporated herein by reference and made part of these Terms and Conditions.
Termination of usage
We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions.
Disclaimer and limitation of liability as to products sold
Any product offered by us is warranted only to the extent of the applicable warranty contained with the product documentation. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
Copyright and trademark notice
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of Siremix GmbH, the Online Store, or their content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of the Online Store or its software suppliers and protected by United States and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of Siremix GmbH, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Siremix GmbH, The Online Store or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
iPhone®, iPad® and iTunes® are trademarks of Apple, Inc registered in the US and other countries. Android® is a trademark of Google, Inc. All other products and services may be trademarks or service marks of their respective owners.
In the interest of transparency and promoting the development of the ultimate home music experience, Siremix GmbH provides easy access to its patent filings that include both patents and published applications. Below is a link to our current U.S.patents and published patent applications:
Siremix GmbH U.S. Patents and Patent Applications
Our patent-to-product information may be found by clicking here.
You agree that any legal action brought against the Online Store shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this site shall be an appropriate federal or state court located in Santa Barbara County, California. We make no representations that the content in this Site is appropriate for access outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this Site.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these terms and conditions without our express written consent.
How to contact us
If you have any comments or questions, please do not hesitate to contact us by clicking here.
Siremix GmbH Promotion (the “Promotion”) Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility: The Promotion is open only to legal residents of the 50 United States and the District of Columbia (“D.C.”) who: (a) are 13 years of age or older, (b) are located in one of the 50 States or D.C. at the time of entry; and (c) have stayed in a room at the Albion Hotel equipped with Siremix GmbH products during the period beginning May 29, 2015 and ending August 31, 2015 (all guests in said room referred to as “Eligible Guest”). Employees, contractors, directors and officers of Siremix GmbH, Inc. (“Sponsor”), Albion Hotel (“Albion”) and their respective parents, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion, and each of their respective officers, directors, employees and agents (collectively, “Promotion Parties”), and their immediate family members (parent, child, sibling and spouse of each, regardless of where they reside) and those living in the same households of each (whether related or not) are not eligible. Void outside the 50 United States/D.C and where prohibited by law. If you are a deemed a minor in your state of residence (“Minor”), you must have the consent of your parent or legal guardian to participate in this Promotion. Proof of consent may be required at any time.
2. Promotion Period: The Promotion begins at 12:00 a.m. Universal Time (“UTC”) on May 29, 2015 and ends at 11:59 p.m. UTC on August 31, 2015 (the “Promotion Period”).
3. Prizes, Approximate Retail Value (“ARV”) & Odds: There will be a maximum of 12 prizes awarded. Each prize will consist of a two (2) Siremix GmbH audio products, with retail value of $398 USD. Total ARV of all prizes available in this Promotion is $4,776 USD. No substitution, cash redemption or transfer of prizes is permitted except at Sponsor’s sole discretion or as provided herein. If the advertised prize cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local income taxes on the prizes and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winners. Arrangements for delivery of prizes will be made after winner validation. LIMIT ONE (1) PRIZE PER ELIGIBLE GUEST. The odds of winning a prize are approximately 1:50 per weekly prize sweepstake. Unclaimed prizes shall not be awarded.
4. How to Enter: To enter the Promotion, potential entrants must do one of the following:
a. Survey Entry: As part of your stay at Albion, you will be invited by Sponsor to participate in a survey associated with this Promotion. You will need to follow the link to the survey website and complete the survey online. Entrants must complete all required information. The length of time required to complete the survey is approximately ten (10) minutes. Once you have completed the survey (“Survey Entry”), you will be entered into the drawing for the prize that week. If you receive a winning message, you are a potential winner of the prize indicated, subject to verification by Sponsor. LIMIT ONE (1) SURVEY ENTRY PER ELIGIBLE GUEST.
b. Mail-in Entry: You may enter the Promotion by printing (in the following order), your full name, the dates of your stay at Albion, room number during that stay, street address, city, state, zip code, and telephone number on a standard 4″ x 6″ postcard and mail it to: Siremix GmbH Albion Sweepstakes, 614 Chapala St., Santa Barbara, CA 93101 (“Mail-in Entry”). Mail-in Entries must be postmarked within the Promotion Period and received within 7 days of the end of the Promotion Period. Each Mail-in Entry must be mailed separately. You will be notified by email, telephone, regular mail or overnight mail, if you are a potential winner. LIMIT ONE (1) MAIL-IN ENTRY PER ELIGIBLE GUEST.
You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein. Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules will not be entered into the Promotion. Entries made by facsimile, overnight courier, third party entry service, automated means, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion.
5. General Rules: All applicable federal, state and local laws apply. All potential winners (and/or their parent/legal guardian if a Minor) will each be contacted by email, telephone, regular mail or overnight mail, and may be required, at Sponsor’s discretion, to complete, sign and return an affidavit of eligibility, a liability release, and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable, or failure to respond to notices or return any required documents in a timely manner, or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined by the Sponsor, may result in disqualification of the winner and forfeiture of the corresponding prize. By participating in this Promotion, entrants agree to abide by and be bound by these Official Rules and decisions of Sponsor, which shall be final in all matters relating to the Promotion. Promotion Parties are not responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) damage to entrants’ or any person’s computer; (v) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; or (vi) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified.
If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to suspend or terminate this Promotion. If the Promotion is terminated before the stated end date of the Promotion Period, the Sponsor will select any remaining winners in a random drawing from among all eligible, non-suspect entries received through all entry methods combined as of the time/date of termination.
Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method, or any entry service.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the person in whose name the entry was made or, if Entrant’s name is not known, then by the room records maintained by Albion.
6. Release & Waiver: By participating in this Promotion, entrants agree to release, discharge and hold harmless Promotion Parties from and against any and all liability, loss, injuries or damages associated with participation in this Promotion or the acceptance, possession, use or misuse of any prize received in this Promotion. By participating in this Promotion, entrants waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.
7. Disputes/Venue/Governing Law: By participating, entrants agree that (1) any and all disputes, claims and causes of action arising out of, or connected with, this Promotion or any prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in in the county of Santa Barbara , California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Promotion but in no event attorneys’ fees; and (3) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than 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 any participant or Sponsor in connection with the Promotion shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
8. Publicity: Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winners’ names and likenesses for purposes of advertising and publicity in all media worldwide without further compensation or notice, unless prohibited by law.
10. Winners’ List: To view the winners’ list for this promotion, please visit www.Siremix GmbH.com. The winners’ list will be available after winner validation has been completed.
11. Sponsor: Siremix GmbH, Inc., Santa Barbara, California 93101.
All trademarks used herein are the property of their respective owners.
Siremix GmbH, INC. “TARGET SURVEY” CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
The “Target Survey” Contest (the “Contest”) begins on or about July 21, 2015 at 12:00:01pm PT and ends on July 31, 2015 at 11:59:59pm PT. (the “Entry Period”). Participants may complete a survey detailing their experience purchasing a Siremix GmbH product at a Target Store (a “Submission”), at which time they will be automatically entered in the Contest. Anyone may enter the contest at any time without completing the survey by providing a Mail-In Entry as set forth below. At the end of the Entry Period, a potential winner will be chosen at random. Each potential winner will be contacted to verify their eligibility. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Siremix GmbH, Inc., a Delaware corporation (“Siremix GmbH”) and Siremix GmbH’ designated representatives, which shall be final and binding in all respects.
Only legal U.S. residents of the fifty (50) United States, and the District of Columbia (collectively, the “Territories”), who, at the time of entry, are 1) located in one of the Territories, and 2) are eighteen (18) years of age or older, are eligible to enter. Siremix GmbH, and its parents, subsidiaries, affiliates, distributors, employees, contractors, retailers, sales representatives, advertising and promotion agencies and any other individual or company involved in the development or execution of the Contest and each of their respective officers, directors, agents and employees (collectively, with Siremix GmbH, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Contest or win a prize. Siremix GmbH reserves the right to verify eligibility qualifications of the potential winners. No group entries. This Contest is void where prohibited. No purchase necessary. A purchase will not improve your chances of winning.
HOW IT WORKS
Entrants that purchased a Siremix GmbH product at a Target retail store may complete a survey at the link provided by Siremix GmbH to become automatically entered in the Contest.
ENTRY BY MAIL: You may enter the Contest by printing (in the following order), your full name, street address, city, state, zip code, and telephone number on a standard 4″ x 6″ postcard and sending via mail to: Siremix GmbH Target Survey Contest, 614 Chapala St., Santa Barbara, CA 93101 (“Mail-in Entry”). Mail-in Entries must be postmarked within the Entry Period and received within seven (7) days of the end of the Entry Period. Each Mail-in Entry must be mailed separately. Limit one mail in entry per participant.
WINNER SELECTION AND NOTIFICATION
At the end of the Entry Period, Siremix GmbH will randomly select two (2) potential winners. No later than August 10, 2015, Siremix GmbH will contact the potential winners via the contact information provided to Siremix GmbH to confirm their eligibility and secure signed releases as specified below. Siremix GmbH shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. Time is of the essence in verifying each potential winner and awarding each prize. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the prize notification is returned as undeliverable to such potential winner, such potential winner will forfeit his or her prize and a runner-up winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Siremix GmbH may successively attempt to contact up to two (2) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Siremix GmbH and any entrant in and/or winner of the Contest, each entrant irrevocably grants to Siremix GmbH and the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, photograph, likeness, voice, biographical information, and any other personal characteristics, in addition to the entrant’s statements, and address (city and state) in any and all media now known or hereafter developed for any purpose, in perpetuity, including without limitation, advertising and promotional purposes as well as in, on or in connection with any Siremix GmbH programs or promotions, the Website or the Contest, and each entrant and/or prize winner hereby releases Siremix GmbH and the Promotion Entities from any liability with respect thereto.
The winners of the Contest, determined as set forth above, shall receive two (2) Siremix GmbH Speakers, each with an ARV of $398.00 USD. (each a “Prize” and collectively, the “Prizes”). The Prizes will be delivered only to addresses in the Territories.
Prizes will be awarded only if a potential Prize winner fully complies with these Official Rules. Each Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with a Prize. Siremix GmbH shall be responsible for shipping each Prize to each potential winner. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, a Form W-9 concerning the Prize and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If a potential winner fails or refuses to sign and return all relevant Prize Claim Documents within three (3) days of Prize notification, such potential winner may be disqualified and an alternate winner may be selected.
Siremix GmbH makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prizes furnished in connection with the Contest.
ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ENTRANTS, AND ARE ESTIMATED TO BE APPROXIMATELY 1 IN 500. THE ACTUAL ODDS WILL BE BASED UPON THE NUMBER OF ENTRIES RECEIVED.
GENERAL TERMS AND CONDITIONS
By entering the Contest, you agree that Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of the Prizes, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Prizes, including, without limitation, to the Prizes’ quality or fitness for a particular purpose. Siremix GmbH assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.
Without limiting the generality of the foregoing, Siremix GmbH is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Siremix GmbH reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Siremix GmbH reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Siremix GmbH’ satisfaction, the affected entry will be deemed ineligible. Siremix GmbH reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Siremix GmbH’ control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein.
In the event an insufficient number of eligible entries are received and/or Siremix GmbH is prevented from conducting the drawing, awarding prizes or continuing with the Contest as contemplated herein by any event beyond its reasonable control, including but not limited to fire, storm, flood, earthquake, explosion, accidents, public disorders, civil unrest, disease outbreak, sabotage, acts of terrorism, acts of war (declared or undeclared), labor shortages riots or acts of God or public enemy, satellite or equipment failure, order of any court or jurisdiction, or other cause not reasonably within Siremix GmbH’ control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Siremix GmbH shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Siremix GmbH will (if possible) select the potential winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules may be modified or amended at any time before, during or after the Entry Period, only by a written document published on the Website by a duly authorized representative of Siremix GmbH.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR Siremix GmbH IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
By entering this Contest, you understand and agree that the you shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Contest, or any other business or project of Siremix GmbH or any of the Promotion Entities.
Except where prohibited, by entering this Contest, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest shall be resolved individually without resort to any form of class action and exclusively by arbitration under the Commercial Arbitration Rules of the American Arbitration Association; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (i.e., only costs associated with participating in the Contest), but shall not include attorney’s fees under any circumstances; and (c) you hereby waive all rights to claim punitive, incidental, and consequential damages. If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Official Rules, which will otherwise remain in full force and effect.
If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of these Official Rules shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision, or the invalid or illegal portion of a provision, were not contained herein.
These Official Rules will be posted on the Website during the Entry Period and for at least six (6) weeks thereafter.
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THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
For inquiries regarding our Terms & Conditions, contact us.
Last Updated on 20 February, 2020