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TURTLE BEACH GENERAL SWEEPSTAKES TERMS AND CONDITIONS

The Sweepstakes are administered and sponsored solely by Voyetra Turtle Beach, Inc., and its affiliates ("Sponsor", "we", "us" or "our"). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor.


OUR SWEEPSTAKES ARE ONLY INTENDED FOR PLAY IN THE ELIGIBLE JURISDICTIONS NOTED IN THE APPLICABLE OFFICIAL RULES. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN ONE OF THOSE JURISDICTIONS AT THE TIME OF ENTRY. IF YOU ARE NOT LOCATED OUTSIDE IN AN APPLICABLE JURISDICTION AND YOU ENTER THE SWEEPSTAKES, WE RESERVE THE RIGHT TO, IN OUR SOLE AND ABSOLUTE DISCRETION, DEEM YOUR ENTRY TO BE INVALID.


IF YOU ARE IN THE UNITED STATES, THE TERMS CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. The arbitration agreement does not apply to you if you are outside of the United States.


    1. Agreement to Official Rules and these Terms and Conditions: The following terms and conditions are supplemental to those outlined in the Official Rules applicable to a Sweepstakes. By participating in the Sweepstakes, you agree (a) to be bound by the Official Rules and the following terms and conditions (together, the “Terms”); (b) you are not participating on behalf of any employer or third party; and (c) in the event that you do not comply with the Terms, that you will be disqualified, and your Prize (as defined in the Official Rules) (if any) will be forfeited.

    2. Eligibility: If you do not meet any of the eligibility requirements contained in the Terms you are not eligible to enter the Sweepstakes or to win a Prize. We reserve the right to invalidate any entry if we reasonably believe, in our sole and absolute discretion, that a participant has breached any of the Terms. A person is only eligible to win once. In addition to other requirements, the following people are not eligible to participate in the Sweepstakes or to win a Prize:

    a) employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, or of any suppliers, distributors and advertising, promotional and judging agencies, and any third party prize provider(s) and/or prize fulfillment service, in each case that are involved in the preparation or administration of the Sweepstakes (collectively, the "Sweepstakes Entities"); and

    b) members of the immediate families or households (whether related or not) of any of the above individuals are not eligible to participate in each Sweepstakes or win a Prize. For the purposes hereof, a person's "immediate family" includes their spouse and biological, adoptive or stepparents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside.

    3. Entry: Incomplete and/or invalid or duplicate entries will be disqualified. Sponsor will not be responsible for incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, the malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the internet service provider (“ISP”) account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by such ISP, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. All entries become the property of the Sponsor, and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by the Sponsor in its sole discretion, and the Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of a Sweepstakes.

    4. Prizes:

    a) A Prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash. Prize details and availability are subject to change. A Prize will only be awarded if properly claimed according to the Terms. All costs and expenses related to the Prize acceptance, the Prize, and/or Prize use not specified in the Terms as being provided are the sole responsibility of winner(s).

    b) The Sponsor reserves the right to replace a Prize with an alternative prize of equal or higher value if circumstances beyond the Sponsor's control make it necessary to do so.

    c) Each of the winners of the Sweepstakes Prizes acknowledge that redemption or use of the relevant prize is subject to the terms applicable to the prize (as redeemable by a third-party supplier) and is conditional on acceptance of those terms.

    5. Winner Notification: Unless otherwise provided in the Official Rules, winners will be notified after each drawing via email. Winners must respond within 48 hours of notification to claim a Prize. If the potential winner cannot be contacted or fails to respond to the notification or to comply with the Terms, such potential winner is disqualified and forfeits the Prize. In the event the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in the Terms. Only one (1) alternate winner will be selected after which the Prize will remain un-awarded and will remain the property of the Sponsor. Winners may waive their right to receive prizes. Prizes are non-assignable and non-transferable.

    6. Rules of Acceptable Use: The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate the Sweepstakes repeatedly is prohibited. The Sponsor reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person who is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by using cheating, deception, or other unfair playing practices, (iii) annoy, abuse, threaten or harass any other entrants, the Sponsor, or any other parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violates the Terms.

    ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS REPRESENTATIVES RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

    7. Limitation of Sponsor’s Responsibility: While we do our best to avoid disappointment in respect of your participation in the Sweepstakes, and your redemption and use of any Prizes, we will not be responsible for (and will have no liability in connection with) any occurrences beyond our control, including but not limited to:

    a) if any change in applicable law or regulation makes it illegal to operate the Sweepstakes or to deliver a Prize;

    b) if the Sweepstakes is not capable of being conducted as reasonably anticipated;

    c) any cancellation of, or change to the terms applicable to, the Prizes redeemable by a third-party supplier;

    d) any failure to participate in the Sweepstakes, or to redeem a Prize due to health or a failure of any communication equipment that you use to enter the Sweepstakes or access the Terms;

    e) any failure to contact you because you have changed your details or because an email has been redirected to your junk, spam or similar folder;

    f) any acts of God, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection or riot.

    In any circumstance set out above in this section, we reserve the right to, in our sole and absolute discretion and to the fullest extent permitted by law:

    a) invalidate an entry; or

    b) modify, suspend, terminate or cancel the Sweepstakes, as appropriate.

    To the extent we are able to do so, we exclude any commitments in relation to the Prizes that may be implied into our agreement with you under applicable law.

    In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable or that is caused by a failure by you to comply with the Terms. Loss or damage is foreseeable if it is obvious that it will happen.

    The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence, or if we deliberately breach our commitments in the Terms.

    8. Disputes: The Sponsor will interpret the Terms and resolve any disputes, conflicting claims or ambiguities concerning the Terms, the Sweepstakes, and the Sponsor’s decisions concerning such disputes shall be final.

    Should multiple users of the same e-mail account enter a Sweepstakes and a dispute arises regarding the identity of the entrant, the authorized account holder of such e-mail account at the time of entry will be considered the entrant. "Authorized account holder" is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address.

    Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes.

    9. Publicity: Except where prohibited by law, by accepting a Prize, winner(s) grant the Sponsor permission to use the winner’s handle, images, voices, likenesses and any other information or content submitted as part of the winner’s entry into the Sweepstakes worldwide for an unlimited period without renumeration in connection with the promotion of the Sweepstakes or a future sweepstakes or competition run by the Sponsor in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use.

    For the Sweepstakes’ winners who are resident in Australia, each winner’s name will be included in a publicly available winners list to be added to the Sweepstakes Official Rules page for seven (7) days after the winner claims the Prize.

    This section does not affect your rights under applicable privacy law, including those set out in our Privacy Policy.

    10. Use of Personal Data: Other than where you have won a Prize, the Sponsor will use and retain your personal data for as long as required to communicate with the entrant regarding the Sweepstakes and/or a Prize, to verify that the Terms have been complied with and/or to comply with applicable laws. The processing of your personal data in this way is necessary for the performance of a contract between you and us. If you have won a Prize, this data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a Prize.

    If you win a Prize, the Sponsor may also use your personal data as set out in the "Publicity" section above, in connection with the Sweepstakes. Such use is necessary for the legitimate interests of the Sponsor, namely the promotion of the Sweepstakes and future sweepstakes and competitions run by the Sponsor.

    Personal data will otherwise be treated in accordance with, and subject to, the Sponsor’s Privacy Policy.

    11. Taxes. Any valuation of the Prize(s) stated in the Official Rules is based on available information provided to the Sponsor, and the value of any Prize awarded to a winner may be reported to the U.S. Internal Revenue Service or other applicable governmental body, as required by law. Each winner is solely responsible for reporting and paying any and all applicable international, federal, state, and local taxes, related to Prize acceptance and use not specified in the Terms.

    Where required by law, upon request each winner must provide the Sponsor with valid identification and, where required by law, a valid taxpayer identification number or social security number before any Prize will be awarded.

    If you are in the United States, the Sponsor reserves the right to withhold and deduct taxes from the Prize, and the winner may be required to provide to Sponsor an amount to cover applicable withholding taxes prior to being awarded the Prize. Depending on the nature of the Prize, US winners may need to provide a completed IRS Form W-9, including valid identification and a valid taxpayer identification number or social security number before a Prize will be awarded If required by law, an IRS Form 1099 will be issued to winner.

    12. Disclaimer and Release (UNITED STATES AND CANADA ONLY)

    This section applies to you if you participate in the Sweepstakes from the United States or Canada.

    By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the "Released Parties") from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes or, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any Prize, including any travel related thereto. By accepting the Prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the Prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in the "Publicity" section prior to acceptance of the Prize.

    Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.

    ALL PRIZES ARE AWARDED "AS IS" AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED.

    As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that, subject to applicable law: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant.


    Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of the Terms. Winning a Prize is contingent upon entrant’s fulfillment of all requirements set forth in the Terms.

    EACH ENTRANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS SWEEPSTAKES.

    13. Liability (AUSTRALIA ONLY)

    This section applies to you if you participate in the Sweepstakes from Australia.

    To the extent permitted by law, participants agree to indemnify the Sponsor and its related bodies corporate (including officers, employees and agents) against all liability for any direct or indirect loss (including special or consequential loss), damage, expense or injury that is suffered or incurred by a participant in connection with:

    a) entry into, or participation in, this Sweepstakes, or acceptance or use of any Prize;

    b) any technical difficulties or equipment malfunction (whether or not under the Sponsor’s control);

    c) any theft, unauthorised access or third-party interference;

    d) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Sponsor); or

    e) modification or cancellation of the Sweepstakes.

    14. BINDING ARBITRATION (UNITED STATES ONLY).

    This section applies to you if you participate in the Sweepstakes from the United States.

    Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth in the Terms (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 New York 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 PROMOTION OR INDIVIDUAL SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THE TERMS.

    15. Governing Law. If you are in the United States, all issues and questions concerning the construction, validity, interpretation and enforceability of the Terms, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, 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 the Terms and/or for entering any judgment on an arbitration award, shall take place in White Plains, New York City.

    If you are in Canada, the laws of the province in which you reside and the laws of Canada applicable therein will apply to all disputes and the interpretation of the Terms and the English courts will have non-exclusive jurisdiction over any dispute arising from or related to the Terms or your participation in the Sweepstakes.

    If you are in the UK or Australia, English law or Australian law, as applicable to your jurisdiction, will apply to all disputes and the interpretation of the Terms and the English courts or Australian courts, as applicable, will have non-exclusive jurisdiction over any dispute arising from or related to the Terms or your participation in the Sweepstakes.

    This does not affect your rights under applicable consumer law in the country where you are resident, including your ability to bring a claim against us in the courts of that country. If you are a resident of Scotland or Northern Ireland, this also means you can bring a claim against us in the Scottish or Northern Irish courts.

    16. Winners List: To request the name of a US winner of the Sweepstakes, please contact the relevant contact in the Official Rules. If you are a resident of Australia, the winners will be published in the Legal Terms page of the Sweepstakes in accordance with the Terms.

    17. Documents that Apply to our Relationship with You. The current version of the Terms contains the only terms and conditions that apply to our relationship with you in respect of the Sweepstakes. We intend to rely on the Terms as setting out the written terms of our agreement with you for the operation of the Sweepstakes. If part of the Terms cannot be enforced then the remainder of the Terms will still apply to our relationship. If you do not comply with the Terms and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.



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