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1. Promotion Description: The “Are You Listening? iZotope Giveaway” ("Giveaway") begins on March 6, 2023 at 10:00:01 AM and ends on March 24, 2023 at 11:59:59 PM (Eastern Time (US & Canada)) (the "Promotion Period"). By participating in the Giveaway, each entrant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of iZotope, Inc. ("Sponsor"), which shall be final and binding in all respects. Sponsor is responsible for the collection, submission and/or processing of Entries and the overall administration of the Giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Giveaway.

2.  Eligibility: Entry is open to legal U.S. residents who are eighteen (18) years of age or older. Sponsor and its respective parents, subsidiaries, affiliates, distributors, retailers, outside sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the "Promotion Entities"), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to participate in the Giveaway. iZotope reserves the right to disqualify any Entrant from the Giveaway if it is prohibited in the Entrant’s jurisdiction.

3.  Winner Selection: Within two (2) business days following the Promotion Period, Sponsor shall randomly select two (2) Giveaway winners from among all eligible Entries received during the Promotion Period. The random selection will be conducted by Sponsor or its designated representatives, whose decisions are final. Winners will be notified by direct message on Instagram from @izotopeinc by 12:00:00 PM (Eastern Time (US & Canada)) on March 27, 2023. Upon being notified by iZotope, the winner will then have one (1) week from iZotope’s notification to claim the Giveaway Prize, after which time the Giveaway Prize will be forfeited, and iZotope may, at its sole discretion, randomly select an alternate winner. The Giveaway winner may be required to sign and return an affidavit of eligibility and release of liability (collectively "the Giveaway Claim Documents"). In addition, the Giveaway winner may be required to complete and sign a W-9 or an equivalent tax form (under your jurisdiction) as it may be required by applicable law, which will be provided by and maintained by Sponsor. No substitution or transfer of a Giveaway Prize is permitted except by Sponsor. 

4.  Giveaway Prize: The prizes will be as follows:

  • Two (2) Entrants will be randomly selected to each win one (1) perpetual license of iZotope’s Ozone 10 Advanced product.

(each a “Giveaway Prize”). 

The iZotope’s Ozone 10 Advanced is governed by iZotope's End User License Agreement, available at https://www.izotope.com/en/software-license-agreement.html. Further information about iZotope’s Ozone 10 Advanced, including information about its compatible formats and operating systems, can be found at https://www.izotope.com/en/shop/ozone-10-advanced.html.

Upon conclusion of the Giveaway, iZotope will provide the winners with information about how to redeem their Giveaway Prize. 

To the extent not prohibited by applicable law, iZotope does not make any representations or warranties whatsoever about its products. Only one (1) Giveaway Prize per person and per household will be awarded. Giveaway Prizes cannot be transferred, redeemed for cash or substituted by the winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute giveaway of equal or greater value if a Giveaway Prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The fair market value (“FMV”) of the Giveaway Prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Giveaway Prize turns out to be less than the stated FMV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of the Giveaway Prize, except to the extent required by applicable law. Restrictions, conditions and limitations may apply. Sponsor will not replace any lost or stolen Giveaway Prize. Giveaway Prizes will only be awarded and/or delivered to social media user accounts specified in the Entry. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the winner. Failure to comply with the Official Rules will result in forfeiture of the Giveaway Prize.

5. Entry (No Purchase Necessary To Enter Or Win): To be selected for the Giveaway, Entrants must do the following: provide your comment, using your own Instagram account, under the Are You Listening? Giveaway announcement (video) post(s) on @iZotopeInc’s Instagram (an “Entry”). Automated or robotic Entries submitted by individuals or organizations will be disqualified. Entry must be made by the Entrant. Any attempt to obtain more than one (1) Entry by using multiple/different usernames, email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial sweepstakes subscription notification and/or entering services, will void that Entrant's Entry and that Entrant may be disqualified from the Giveaway. Final eligibility for the award of any Giveaway Prize is subject to eligibility verification as set forth above. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor's database clock will be the official timekeeper for this Giveaway. 

6.  Privacy: All Entrants acknowledge that iZotope will process Entrants’ personal data and personally identifying information in accordance with applicable law and iZotope’s privacy policy, which can be at  https://www.izotope.com/en/privacy-policy.html.

7.  Limitation of Liability: To the extent not prohibited by applicable law:

Sponsor is not responsible for any incorrect or inaccurate information associated with or utilized in the Giveaway or by any technical or human error which may occur in the processing of Entries. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Giveaway. If, for any reason, the Giveaway is not capable of running as planned, including infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Giveaway. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension or modification.

8. Disputes; Governing Law: Wherever enforceable, the parties waive all rights to trial in any action or proceeding instituted in connection with these Rules. Wherever enforceable, any controversy or claim arising out of or relating to these Rules  shall be settled by binding arbitration in accordance with the consumer arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Delaware. 

WHEREVER ENFORCEABLE, THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Rules, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Boston, Massachusetts.

If any provisions of these Official Rules are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Official Rules, so that these Official Rules shall remain in full force and effect.

9.  Sponsor: The Giveaway is sponsored by iZotope, Inc., 60 Hampshire Street, Cambridge, Massachusetts, 02139. Contact: social@izotope.com or via direct message on @iZotopeInc’s Instagram with any questions relating to the Giveaway.

10. Social Media Disclaimer: Entrants should understand that they are providing their information to the Sponsor and not to Instagram. The Giveaway is in no way sponsored, endorsed, administered by or associated with Instagram or any other third party.


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