Effective February 25, 2011
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
BY PARTICIPATING IN A SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
2. ELIGIBILITY: Each Sweepstakes is only open to legal residents of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age or older, at the time of entry. Employees of the Sponsor, its parent, and each of their respective divisions, affiliates, subsidiaries, advertising agencies and promotional partners associated with this Sweepstakes, and relatives of and those living in the same household as such employees (whether legally related or not) are not eligible to enter or win a Prize (defined below). For the purpose of this Sweepstakes, relatives are defined to include spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law.
3. ODDS/SELECTION OF WINNER(S): Odds of winning depend on number of eligible entries received for each Sweepstakes unless otherwise provided in the Supplemental Terms. Within ten (10) days of the end of each Sweepstakes Period, a random drawing from among all eligible entries will be conducted by Sponsor’s designated agent/representative, whose decisions are final, to determine the winner(s). The winner(s) will be notified that s/he may have won a Prize in this Sweepstakes (subject to Sponsor’s verification procedures) by mail, telephone, or e-mail (at Sponsor’s sole discretion) within five (5) days of drawing, or Sponsor may choose (in Sponsor’s sole discretion) to mail the Prize(s) won to the selected winner without prior notice. If a potential winner does not respond according to the instructions contained in the notification within five (5) days from the date Sponsor sent the notification, the Prize(s) may be forfeited and an alternate winner selected in Sponsor’s sole discretion.
4. PRIZE(S): The “Prize(s)” and their approximate retail value (“ARV”) to be awarded in each Sweepstakes will be set forth either on the Sweepstakes Website and/or the Supplemental Terms. To claim a Prize, you may be required to provide your correct full-name, mailing address, telephone number and/or e-mail address. Sponsor will not replace any lost or stolen Prize(s). Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the winner with the Prize(s), the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive. The value of any Prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed Prize(s) will be forfeited.
5. LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, ITS PARENT, AND EACH OF THEIR RESPECTIVE DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THOSE PARTIES (COLLECTIVELY, “SWEEPSTAKES ENTITIES”) FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING FOR INJURIES OR DAMAGES OF ANY KIND CAUSED BY ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, INCLUDING, WITHOUT LIMITATION, THE UNAUTHORIZED OR ILLEGAL ACCESS TO PERSONALLY IDENTIFIABLE OR SENSITIVE INFORMATION OR DEATH TO PERSONS OR DAMAGES TO PROPERTY RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S) AND TRAVELING TO OR FROM ANY PRIZE OR SWEEPSTAKES-RELATED ACTIVITY. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENRAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. ADDITIONAL DISCLAIMERS: Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by a Sweepstakes Entity, the entrant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sweepstakes Entities are not responsible, and may disqualify an entrant, if his or her e-mail address does not work or if it is changed without entrant giving prior written notice to Sponsor. Sweepstakes Entities are not responsible or liable to any entrant or to the winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, 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, riot, vandalism, or any other cause beyond the Sweepstakes Entities’ sole control.
7. GENERAL RULES: By accepting a Prize (except where prohibited by law), winner’s consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. Sponsor’s decisions will be final in all matters relating this Sweepstakes, including interpretation of these Official Rules and awarding of the Prize(s). All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Those who do not follow all of the instructions or provide the required information in their entry form, or abide other instructions of Sponsor may be disqualified. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right, in Sponsor’s sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. If any Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in Sponsor’s sole discretion, to cancel, modify or suspend the Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize will forfeit any Prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address submitted at time of entry, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Sweepstakes Entity, claims and causes of action arising out of or connected with this Sweepstakes, or the Prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10.00), and entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without reference to its conflicts of law principles. Venue will be exclusively in the state or federal courts located in Los Angeles, California, and each entrant accepts and submits to the personal jurisdiction of these courts.
9. WINNER’S LIST/OFFICIAL RULES: To obtain a copy of these Official Rules or for notification of the winners, send a self-addressed stamped envelope to: TakePart, LLC, 331 Foothill Road, 3rd Floor, Beverly Hills, California, 90210. Attention: Business & Legal Affairs. Please specify whether you are requested a copy of these Official Rules or a winner’s list and the name of the Sweepstakes. Requests for winners' lists must be received no later than three (3) months after the end of the Sweepstakes Period. Vermont residents may omit return postage with Official Rules requests.
10. SPONSOR: TakePart, LLC, 331 Foothill Road, 3rd Floor, Beverly Hills, California, 90210. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
11. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
//End of Official Rules//