Post by frugalmomma on May 7, 2007 19:30:14 GMT -5
click here to play Epicurious' Instant Win Game
The Video Instant Win Giveaway
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Video Instant Win Giveaway (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees and officers of The Conde Nast Publications, Kayak.com, and ePrize, LLC, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void outside the fifty (50) United States and the District of Columbia and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ 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 a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”).
2. Sponsors: Advance Magazine Publishers, Inc. dba The Conde Nast Publications Inc., 4 Times Square, New York, NY 10036, and Kayak.com,27 Ann St. Norwalk, CT 06854. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Promotion begins on April 17, 2007 at 12:01 a.m. Eastern Time ("ET") and ends on May 31, 2007 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, go to condenast.eprize.net/gourmet and fill out the online entry form. Complete and submit the online entry form including a valid home address. P.O. Boxes are not permitted. You automatically will receive 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. Once on the Instant Win Game page, watch a short, approximately forty (40) second video and answer five (5) trivia questions about the video. Your answers to the trivia questions will not influence your chance of winning the Instant Win Game. Watching the video and answering the questions constitutes an Instant Win Game play. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game.
Limit: Each entrant may receive one (1) entry/play per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant 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 entrant's plays/entries and that entrant may be disqualified. Use of bots or any other automated system to participate is prohibited and will result in disqualification. Sponsors are 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.
Tell A Friend Program: After you play the Instant Win Game, you will be invited to submit the names and email addresses of up to five (5) friends who must be eligible to enter the Promotion. Each person that you refer will receive an email notifying them about the Promotion. You may only refer persons with whom you have an existing relationship. For each referral of up to five (5) friends with valid email addresses, you will be given one (1) additional opportunity to play the Instant Win Game. During the Promotion Period, you may receive up to five (5) additional opportunities to play the Instant Win Game per day through Tell A Friend Program.
5. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion 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 Grand Prize winner, from all eligible entries on or around June 4, 2007. Instant Win Game: Forty-five (45) random, computer-generated winning times, one (1) per day for each prize listed below, will be generated during the Promotion Period; from April 17, 2007 to May 21, 2007, one (1) winning time will be generated for the First Prize and from May 22, 2007 to May 31, 2007, one (1) winning time will be generated for the Second Prize. 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 WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS 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. SPONSORS WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS 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 Grand Prize winner will be notified by email, telephone, or registered mail after the date of random drawing. Each potential Grand and First 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 (including social security number), Liability and 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, Liability and Publicity Release within the required time period (if applicable), or prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of the any prize is disqualified for any reason, Sponsors will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be five (5) alternate drawings after which the applicable prize will remain unawarded. Second Prizes will be received 8-10 weeks after the conclusion of the Promotion.
8. Prizes:
Sweepstakes Prize: ONE (1) GRAND PRIZE: A Trip for two (2) to winner’s choice of Coronado, CA; Carlsbad, CA; Rancho Mirage, CA; Hot Springs, VA; Austin, TX; or Vail, CO. Trip package includes roundtrip coach-class airfare for two (2) from a major airport nearest winner’s home (determined by Sponsors in their sole discretion) to major airport nearest winner’s choice of city and seven (7) days and six (6) nights accommodations at the KSL resort in winner’s city of choice (single room, double occupancy). Approximate Retail Value (“ARV”): $2,200. Odds of winning the Sweepstakes Prize depend on the number of eligible entries received during the Promotion Period.
Instant Win Game Prizes: THIRTY-FIVE (35) FIRST PRIZES: A Trip for two (2) to winner’s choice of Coronado, CA; Carlsbad, CA; Rancho Mirage, CA; Hot Springs, VA; Austin, TX; or Vail, CO. Trip package includes roundtrip coach-class airfare for two (2) from a major airport near winner’s home (determined by Sponsors in their sole discretion) to major airport nearest winner’s choice of city and three (3) days and two (2) nights accommodations at a KSL resort in winner’s city of choice (single room, double occupancy). ARV: $1,000. TEN (10) SECOND PRIZES: $100 American Express Gift Card. Winners must comply with all terms and conditions of Gift Cards. ARV: $100. Odds of winning an Instant Win Game Prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays. Limit: One (1) Instant Win Game prize per person.
For All Trip Prizes: Winners must complete the trip within one (1) year from the drawing date or prize will be forfeited. Trips must be booked at least twenty-one (21) days prior to departure. Trips subject to availability and blackout dates. Travel must be roundtrip. Sponsors will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsors’ airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, in-room charges (e.g. mini-bar, movies), telephone calls, gratuities, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsors air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on airfare fluctuations and distance between departure and destination.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein in the Sponsors’ sole discretion. Sponsors reserve 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: $38,200.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsors, Administrator, 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 winner’s consent to Sponsors’ and their 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: Sponsors reserve 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 Sponsors’ reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsors reserves the right, in their 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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, Sponsors, in their sole 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 the 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, Sponsors reserve 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 Sponsors 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 Sponsors’ Privacy Policies (http://www.epicurious.com/services/legal/privacy), (https://secure.kayak.com/help/privacy.html) and ePrize’s privacy policy (http://www.eprize.com/privacy/privacypolicy.html). By providing your email address, you grant Sponsor the right to send you commercial messages and share your address with others, unless specified otherwise as indicated on the entry form.
15. Winner List: For a Winner List and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “The Video Instant Win Giveaway” Winner List/Official Rules”, c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070 after June 4, 2007 but before December 4, 2007. VT residents may exclude return postage for the Official Rules.
© 2007 ePrize, LLC. All Rights Reserved
The Video Instant Win Giveaway
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Video Instant Win Giveaway (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees and officers of The Conde Nast Publications, Kayak.com, and ePrize, LLC, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void outside the fifty (50) United States and the District of Columbia and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ 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 a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”).
2. Sponsors: Advance Magazine Publishers, Inc. dba The Conde Nast Publications Inc., 4 Times Square, New York, NY 10036, and Kayak.com,27 Ann St. Norwalk, CT 06854. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Promotion begins on April 17, 2007 at 12:01 a.m. Eastern Time ("ET") and ends on May 31, 2007 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, go to condenast.eprize.net/gourmet and fill out the online entry form. Complete and submit the online entry form including a valid home address. P.O. Boxes are not permitted. You automatically will receive 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. Once on the Instant Win Game page, watch a short, approximately forty (40) second video and answer five (5) trivia questions about the video. Your answers to the trivia questions will not influence your chance of winning the Instant Win Game. Watching the video and answering the questions constitutes an Instant Win Game play. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game.
Limit: Each entrant may receive one (1) entry/play per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant 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 entrant's plays/entries and that entrant may be disqualified. Use of bots or any other automated system to participate is prohibited and will result in disqualification. Sponsors are 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.
Tell A Friend Program: After you play the Instant Win Game, you will be invited to submit the names and email addresses of up to five (5) friends who must be eligible to enter the Promotion. Each person that you refer will receive an email notifying them about the Promotion. You may only refer persons with whom you have an existing relationship. For each referral of up to five (5) friends with valid email addresses, you will be given one (1) additional opportunity to play the Instant Win Game. During the Promotion Period, you may receive up to five (5) additional opportunities to play the Instant Win Game per day through Tell A Friend Program.
5. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion 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 Grand Prize winner, from all eligible entries on or around June 4, 2007. Instant Win Game: Forty-five (45) random, computer-generated winning times, one (1) per day for each prize listed below, will be generated during the Promotion Period; from April 17, 2007 to May 21, 2007, one (1) winning time will be generated for the First Prize and from May 22, 2007 to May 31, 2007, one (1) winning time will be generated for the Second Prize. 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 WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS 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. SPONSORS WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS 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 Grand Prize winner will be notified by email, telephone, or registered mail after the date of random drawing. Each potential Grand and First 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 (including social security number), Liability and 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, Liability and Publicity Release within the required time period (if applicable), or prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of the any prize is disqualified for any reason, Sponsors will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be five (5) alternate drawings after which the applicable prize will remain unawarded. Second Prizes will be received 8-10 weeks after the conclusion of the Promotion.
8. Prizes:
Sweepstakes Prize: ONE (1) GRAND PRIZE: A Trip for two (2) to winner’s choice of Coronado, CA; Carlsbad, CA; Rancho Mirage, CA; Hot Springs, VA; Austin, TX; or Vail, CO. Trip package includes roundtrip coach-class airfare for two (2) from a major airport nearest winner’s home (determined by Sponsors in their sole discretion) to major airport nearest winner’s choice of city and seven (7) days and six (6) nights accommodations at the KSL resort in winner’s city of choice (single room, double occupancy). Approximate Retail Value (“ARV”): $2,200. Odds of winning the Sweepstakes Prize depend on the number of eligible entries received during the Promotion Period.
Instant Win Game Prizes: THIRTY-FIVE (35) FIRST PRIZES: A Trip for two (2) to winner’s choice of Coronado, CA; Carlsbad, CA; Rancho Mirage, CA; Hot Springs, VA; Austin, TX; or Vail, CO. Trip package includes roundtrip coach-class airfare for two (2) from a major airport near winner’s home (determined by Sponsors in their sole discretion) to major airport nearest winner’s choice of city and three (3) days and two (2) nights accommodations at a KSL resort in winner’s city of choice (single room, double occupancy). ARV: $1,000. TEN (10) SECOND PRIZES: $100 American Express Gift Card. Winners must comply with all terms and conditions of Gift Cards. ARV: $100. Odds of winning an Instant Win Game Prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays. Limit: One (1) Instant Win Game prize per person.
For All Trip Prizes: Winners must complete the trip within one (1) year from the drawing date or prize will be forfeited. Trips must be booked at least twenty-one (21) days prior to departure. Trips subject to availability and blackout dates. Travel must be roundtrip. Sponsors will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsors’ airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, in-room charges (e.g. mini-bar, movies), telephone calls, gratuities, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsors air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on airfare fluctuations and distance between departure and destination.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein in the Sponsors’ sole discretion. Sponsors reserve 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: $38,200.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsors, Administrator, 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 winner’s consent to Sponsors’ and their 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: Sponsors reserve 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 Sponsors’ reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsors reserves the right, in their 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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, Sponsors, in their sole 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 the 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, Sponsors reserve 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 Sponsors 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 Sponsors’ Privacy Policies (http://www.epicurious.com/services/legal/privacy), (https://secure.kayak.com/help/privacy.html) and ePrize’s privacy policy (http://www.eprize.com/privacy/privacypolicy.html). By providing your email address, you grant Sponsor the right to send you commercial messages and share your address with others, unless specified otherwise as indicated on the entry form.
15. Winner List: For a Winner List and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “The Video Instant Win Giveaway” Winner List/Official Rules”, c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070 after June 4, 2007 but before December 4, 2007. VT residents may exclude return postage for the Official Rules.
© 2007 ePrize, LLC. All Rights Reserved