Post by Admin on Dec 2, 2006 13:20:48 GMT -5
link
Sweepstakes Prize: ONE (1) GRAND PRIZE: One (1) Dell Dimension XPS 600 with 2GB of memory, 160 GB hard drive, 16X DVD ROM, 16X DVD +/- RW; two (2) 30" monitors; one (1) Keyboard, one (1) optical mouse, and one (1) speaker set. All models, brands, and features of prizes components will be determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $10,236. The ARV of electronic prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Odds of winning the Sweepstakes Prize depends on the number of eligible entries received during the Promotion Period.
Team Sweepstakes Prize: FOUR (4) TEAM SWEEPSTAKES PRIZES (One per each member of the Team): Play Station 3. ARV: $499.99 each. The total ARV of the Team Sweepstakes Prize is: $1,999.96. Odds of winning the Team Sweepstakes prize depends on the number of Eligible Teams received during the Promotion Period. The ARV of electronic prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
Instant Win Game prizes: TWENTY FIVE (25) FIRST PRIZES: $25 Game Stop Gift Card. Terms and conditions of gift card apply. ARV: $25. ONE HUNDRED (100) SECOND PRIZES: $15 iTunes Gift Card. Terms and conditions of gift card apply. ARV: $15. Odds of winning an Instant Win Game prize depends on the number of eligible Instant Win Game plays divided by the number of prizes available. Limit: One (1) Instant Win Game prize per person.
ICUSH CRANK UP THE GAME INSTANT WIN AND SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: iCush Crank Up the Game Instant Win and Sweepstakes(the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry. Employees of FKA Distributing, Inc. d/b/a Homedics, Inc., and ePrize, LLC, and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of an individual sweepstakes (the "Sweepstakes"), a team Sweepstakes (the "Team Sweepstakes"), and an instant win game (the "Instant Win Game").
2. Sponsor: FKA Distributing, Inc. d/b/a Homedics, Inc., 3000 Pontiac Trail, Commerce Township, MI 48390. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Promotion begins on August 15, 2006 at 12:00 a.m. Eastern Time ("ET") and ends on December 31, 2006 at 11:59 p.m. ET (the "Promotion Period"). Administrator's computer is the official time keeping device for this Promotion.
4. How to Enter: During the Promotion Period, visit: homedics.eprize.net/crankupthegame and fill out the online entry form completely, and submit the form. You automatically will be entered with one (1) entry into the Sweepstakes and advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. It is recommended that you install Macromedia Flash on your computer (if you do not already have it) when prompted. Installation is free. Once on the Instant Win Game page, follow the instructions to control the race car. At the end of the game, entrants will be notified immediately if they are potential winners of the Instant Win Game and will be provided directions for validation. If you do not have Macromedia Flash, the Instant Win Game results will be displayed instantly. Administrator is responsible for the functionality of the Instant Win Game. Tell-A-Friend Program and the Team Sweepstakes: After you play the Instant Win Game, you will be invited to submit the names and email addresses of up to three (3) friends who must be eligible to enter the Promotion. Each person that you refer will receive an email solely notifying them about the Promotion. You may only refer persons with whom you have an existing relationship. You will be given one (1) additional opportunity to play the Instant Win Game and one (1) additional entry into the Sweepstakes each day that you submit at least one (1) referral with a valid email address. During the Promotion Period, you may receive up to one (1) additional opportunity to play the Instant Win Game and one (1) additional entry into the Sweepstakes per day through Tell a Friend. If you refer three (3) friends at one time after playing the Instant Win game, and all three (3) friends register for the Promotion during the Promotion Period, you and your three friends will form an Eligible Team ("Eligible Team"). Each Eligible Team represents one (1) entry into the Team Sweepstakes. You may not refer a person who has been previously referred by another participant and you will be notified if you have done so. Limit: Each participant may earn one (1) additional Sweepstakes entry and one (1) additional Instant Win Game play per day during the Promotion Period through the Tell-A-Friend Program. Each participant may be a member of a total of one hundred forty (140) Teams eligible for the Team Sweepstakes. The amount of Eligible Teams is broken down into one (1) per day for referring three (3) friends each day that later register for the promotion, and one (1) for being referred by a friend who referred three (3) friends and each friend later registered for the promotion as set forth above. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays/entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. Sweepstakes, Team Sweepstakes, and Instant Win Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator will randomly select the potential Sweepstakes winner, from all eligible entries on or around January 8, 2007. Team Sweepstakes: Administrator will randomly select the potential winning Team for the Team Sweepstakes, from all Eligible Teams on or around January 8, 2007. Instant Win Game: One Hundred Twenty-Five (125) random, computer-generated winning times, one for each Instant Win Game prize listed below, will be generated during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated.
6. ALL POTENTIAL INSTANT WIN GAME WINNERS, TEAM SWEEPSTAKES WINNERS, AND THE SWEEPSTAKES WINNER ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF IT'S VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
7. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Sweepstakes and Team Sweepstakes winners will be notified by email, telephone, or registered mail after the date of random drawing. The potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to ePrize, within ten (10) days of the date notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of the Grand Prize, Sweepstakes Team Prize, or Instant Win Game First Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the Sweepstakes Grand Prize, Sweepstakes Team Prize, or Instant Win Game First Prize will remain un-awarded. Unclaimed Instant Win Second Prizes will not be awarded. Instant Win Prizes will be received 8-10 weeks after the conclusion of the Promotion. Sweepstakes and Team Sweepstakes Prizes will be received within 8-10 weeks after winner verification.
8. Prizes:
Sweepstakes Prize: ONE (1) GRAND PRIZE: One (1) Dell Dimension XPS 600 with 2GB of memory, 160 GB hard drive, 16X DVD ROM, 16X DVD +/- RW; two (2) 30" monitors; one (1) Keyboard, one (1) optical mouse, and one (1) speaker set. All models, brands, and features of prizes components will be determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $10,236. The ARV of electronic prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Odds of winning the Sweepstakes Prize depends on the number of eligible entries received during the Promotion Period.
Team Sweepstakes Prize: FOUR (4) TEAM SWEEPSTAKES PRIZES (One per each member of the Team): Play Station 3. ARV: $499.99 each. The total ARV of the Team Sweepstakes Prize is: $1,999.96. Odds of winning the Team Sweepstakes prize depends on the number of Eligible Teams received during the Promotion Period. The ARV of electronic prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
Instant Win Game prizes: TWENTY FIVE (25) FIRST PRIZES: $25 Game Stop Gift Card. Terms and conditions of gift card apply. ARV: $25. ONE HUNDRED (100) SECOND PRIZES: $15 iTunes Gift Card. Terms and conditions of gift card apply. ARV: $15. Odds of winning an Instant Win Game prize depends on the number of eligible Instant Win Game plays divided by the number of prizes available. Limit: One (1) Instant Win Game prize per person.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $14,360.96.
9. Release: By receipt of any Sweepstakes, Team Sweepstakes, or Instant Win Game prize, winner agrees to release and hold harmless Sponsor, ePrize, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Notwithstanding anything to the contrary set forth herein, in the event any modifications and/or changes are required as a result of the failure on the part of the Sponsor to protect the Sweepstakes from any virus, bugs, unauthorized human intervention technical failures, and/or similar events, FKA Distributing Inc., shall not be liable and/or responsible for any additional costs and/or expenses associated with any modifications and/or changes.
12. Limitations of Liability: The Released Parties are not responsible for: (1) 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 Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor's Privacy Policy www.homedics.com/about/privacy.aspx and ePrize's privacy policy www.eprize.net/privacy/privacypolicy.html.
15. Promotion Results: For Promotion results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “iCush Crank Up the Game Instant Win and Sweepstakes” Winners/Rules", c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070 U.S.A. Requests for winner list must be received by April 8, 2007. VT residents may exclude return postage.
16. Name Removal Notification System: If you would like your name removed from Sponsor's mailing list send your request to "iCush Crank Up the Game Instant Win and Sweepstakes", 3000 Pontiac Trail, Commerce Township, MI 48390, and your name will be removed within 60 days of the request.
© 2006 ePrize, LLC. All Rights Reserved.
Sweepstakes Prize: ONE (1) GRAND PRIZE: One (1) Dell Dimension XPS 600 with 2GB of memory, 160 GB hard drive, 16X DVD ROM, 16X DVD +/- RW; two (2) 30" monitors; one (1) Keyboard, one (1) optical mouse, and one (1) speaker set. All models, brands, and features of prizes components will be determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $10,236. The ARV of electronic prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Odds of winning the Sweepstakes Prize depends on the number of eligible entries received during the Promotion Period.
Team Sweepstakes Prize: FOUR (4) TEAM SWEEPSTAKES PRIZES (One per each member of the Team): Play Station 3. ARV: $499.99 each. The total ARV of the Team Sweepstakes Prize is: $1,999.96. Odds of winning the Team Sweepstakes prize depends on the number of Eligible Teams received during the Promotion Period. The ARV of electronic prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
Instant Win Game prizes: TWENTY FIVE (25) FIRST PRIZES: $25 Game Stop Gift Card. Terms and conditions of gift card apply. ARV: $25. ONE HUNDRED (100) SECOND PRIZES: $15 iTunes Gift Card. Terms and conditions of gift card apply. ARV: $15. Odds of winning an Instant Win Game prize depends on the number of eligible Instant Win Game plays divided by the number of prizes available. Limit: One (1) Instant Win Game prize per person.
ICUSH CRANK UP THE GAME INSTANT WIN AND SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: iCush Crank Up the Game Instant Win and Sweepstakes(the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry. Employees of FKA Distributing, Inc. d/b/a Homedics, Inc., and ePrize, LLC, and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of an individual sweepstakes (the "Sweepstakes"), a team Sweepstakes (the "Team Sweepstakes"), and an instant win game (the "Instant Win Game").
2. Sponsor: FKA Distributing, Inc. d/b/a Homedics, Inc., 3000 Pontiac Trail, Commerce Township, MI 48390. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Promotion begins on August 15, 2006 at 12:00 a.m. Eastern Time ("ET") and ends on December 31, 2006 at 11:59 p.m. ET (the "Promotion Period"). Administrator's computer is the official time keeping device for this Promotion.
4. How to Enter: During the Promotion Period, visit: homedics.eprize.net/crankupthegame and fill out the online entry form completely, and submit the form. You automatically will be entered with one (1) entry into the Sweepstakes and advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. It is recommended that you install Macromedia Flash on your computer (if you do not already have it) when prompted. Installation is free. Once on the Instant Win Game page, follow the instructions to control the race car. At the end of the game, entrants will be notified immediately if they are potential winners of the Instant Win Game and will be provided directions for validation. If you do not have Macromedia Flash, the Instant Win Game results will be displayed instantly. Administrator is responsible for the functionality of the Instant Win Game. Tell-A-Friend Program and the Team Sweepstakes: After you play the Instant Win Game, you will be invited to submit the names and email addresses of up to three (3) friends who must be eligible to enter the Promotion. Each person that you refer will receive an email solely notifying them about the Promotion. You may only refer persons with whom you have an existing relationship. You will be given one (1) additional opportunity to play the Instant Win Game and one (1) additional entry into the Sweepstakes each day that you submit at least one (1) referral with a valid email address. During the Promotion Period, you may receive up to one (1) additional opportunity to play the Instant Win Game and one (1) additional entry into the Sweepstakes per day through Tell a Friend. If you refer three (3) friends at one time after playing the Instant Win game, and all three (3) friends register for the Promotion during the Promotion Period, you and your three friends will form an Eligible Team ("Eligible Team"). Each Eligible Team represents one (1) entry into the Team Sweepstakes. You may not refer a person who has been previously referred by another participant and you will be notified if you have done so. Limit: Each participant may earn one (1) additional Sweepstakes entry and one (1) additional Instant Win Game play per day during the Promotion Period through the Tell-A-Friend Program. Each participant may be a member of a total of one hundred forty (140) Teams eligible for the Team Sweepstakes. The amount of Eligible Teams is broken down into one (1) per day for referring three (3) friends each day that later register for the promotion, and one (1) for being referred by a friend who referred three (3) friends and each friend later registered for the promotion as set forth above. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays/entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. Sweepstakes, Team Sweepstakes, and Instant Win Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator will randomly select the potential Sweepstakes winner, from all eligible entries on or around January 8, 2007. Team Sweepstakes: Administrator will randomly select the potential winning Team for the Team Sweepstakes, from all Eligible Teams on or around January 8, 2007. Instant Win Game: One Hundred Twenty-Five (125) random, computer-generated winning times, one for each Instant Win Game prize listed below, will be generated during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated.
6. ALL POTENTIAL INSTANT WIN GAME WINNERS, TEAM SWEEPSTAKES WINNERS, AND THE SWEEPSTAKES WINNER ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF IT'S VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
7. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Sweepstakes and Team Sweepstakes winners will be notified by email, telephone, or registered mail after the date of random drawing. The potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to ePrize, within ten (10) days of the date notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of the Grand Prize, Sweepstakes Team Prize, or Instant Win Game First Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the Sweepstakes Grand Prize, Sweepstakes Team Prize, or Instant Win Game First Prize will remain un-awarded. Unclaimed Instant Win Second Prizes will not be awarded. Instant Win Prizes will be received 8-10 weeks after the conclusion of the Promotion. Sweepstakes and Team Sweepstakes Prizes will be received within 8-10 weeks after winner verification.
8. Prizes:
Sweepstakes Prize: ONE (1) GRAND PRIZE: One (1) Dell Dimension XPS 600 with 2GB of memory, 160 GB hard drive, 16X DVD ROM, 16X DVD +/- RW; two (2) 30" monitors; one (1) Keyboard, one (1) optical mouse, and one (1) speaker set. All models, brands, and features of prizes components will be determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $10,236. The ARV of electronic prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Odds of winning the Sweepstakes Prize depends on the number of eligible entries received during the Promotion Period.
Team Sweepstakes Prize: FOUR (4) TEAM SWEEPSTAKES PRIZES (One per each member of the Team): Play Station 3. ARV: $499.99 each. The total ARV of the Team Sweepstakes Prize is: $1,999.96. Odds of winning the Team Sweepstakes prize depends on the number of Eligible Teams received during the Promotion Period. The ARV of electronic prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
Instant Win Game prizes: TWENTY FIVE (25) FIRST PRIZES: $25 Game Stop Gift Card. Terms and conditions of gift card apply. ARV: $25. ONE HUNDRED (100) SECOND PRIZES: $15 iTunes Gift Card. Terms and conditions of gift card apply. ARV: $15. Odds of winning an Instant Win Game prize depends on the number of eligible Instant Win Game plays divided by the number of prizes available. Limit: One (1) Instant Win Game prize per person.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $14,360.96.
9. Release: By receipt of any Sweepstakes, Team Sweepstakes, or Instant Win Game prize, winner agrees to release and hold harmless Sponsor, ePrize, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Notwithstanding anything to the contrary set forth herein, in the event any modifications and/or changes are required as a result of the failure on the part of the Sponsor to protect the Sweepstakes from any virus, bugs, unauthorized human intervention technical failures, and/or similar events, FKA Distributing Inc., shall not be liable and/or responsible for any additional costs and/or expenses associated with any modifications and/or changes.
12. Limitations of Liability: The Released Parties are not responsible for: (1) 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 Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor's Privacy Policy www.homedics.com/about/privacy.aspx and ePrize's privacy policy www.eprize.net/privacy/privacypolicy.html.
15. Promotion Results: For Promotion results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “iCush Crank Up the Game Instant Win and Sweepstakes” Winners/Rules", c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070 U.S.A. Requests for winner list must be received by April 8, 2007. VT residents may exclude return postage.
16. Name Removal Notification System: If you would like your name removed from Sponsor's mailing list send your request to "iCush Crank Up the Game Instant Win and Sweepstakes", 3000 Pontiac Trail, Commerce Township, MI 48390, and your name will be removed within 60 days of the request.
© 2006 ePrize, LLC. All Rights Reserved.