The “Sweepstakes.com Free Fall Spectacular” Sweepstakes Official Rules
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE OR OLDER TO ENTER.
1. Introduction: The “Free Sweepstakes.com Free Fall Spectacular” Sweepstakes (the “Sweepstakes”) is a game of chance promotion which will be shown in three (3) different creative presentations by the same Sponsor, each with different prize presentations. Each creative presentation’s Grand Prize will have equal value. The Grand Prize drawings will use entries received from all three (3) creative presentations and only one (1) Grand Prize winner will be chosen and awarded across all three (3) creative presentations. Three (3) Weekly Prize winners will be chosen each week; one from each of the three (3) creative presentations.
ONLY ONE (1) GRAND PRIZE WILL BE AWARDED ACROSS ALL THREE (3) CREATIVE PRESENTATIONS. FIFTY FOUR (54) WEEKLY PRIZES (ONE (1) PER WEEK FOR EACH OF THE THREE (3) CREATIVE PRESENTATIONS) WILL BE AWARDED.
2. Timing: The “Sweepstakes Period” is from 12:00 AM Eastern Time (“ET”) Tuesday, November 27, 2007 ("Sweepstakes-Start") to 11:59 PM ET, Monday, March 31, 2008 ("Sweepstakes-End"). Sponsor’s computer is the official time keeping device for the Sweepstakes.
3. Eligibility: The Sweepstakes is open only to legal residents residing in the 50 United States and the District of Columbia who are the age of majority in their state of residence or older and who had Internet access prior to the Sweepstakes-Start. Void in Puerto Rico and other US territories. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings, and each of their spouses regardless of where they live) or members of household of Sweepstakes.com Acquisition Group, LLC dba Swepstakes.com (“Sponsor”) and The Marketing Agency, LLC (“Administrator”), their respective parent companies, subsidiaries, business partners, advertising, design, web design, web hosting and production agencies and print design/production agencies (the “Sweepstakes Entities”) and anyone connected with the production or distribution of the Sweepstakes are not eligible to enter or be awarded a prize.
4. How to Enter: This Sweepstakes is played only on the Internet. Go to www.sweepstakes.com and follow the directions for entering. You will be required to register free at Sweepstakes.com prior to entering this Sweepstakes and will be required to supply a valid name, valid postal address and valid email address for which you are the authorized user, as well as select your title, age and password. You will be required to accept the Sweepstakes.com Privacy Policy and Terms & Conditions. Limit: Two entries per creative presentation per person or email address per day (the second entry will require providing additional information or correctly answering a trivia question). “Authorized user” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular entry, the entry will be deemed submitted by the authorized account holder of the email account. Entries must be made by an individual from a stand-alone computer and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries made in violation of these Official Rules will be deleted.
5. Winner Selection: Grand Prize. One (1) Grand Prize winner will be chosen in random drawing about ten (10) days after Game-End from all eligible entries received during the Sweepstakes Period from all three (3) creative presentations as referred to in paragraph #1, above. First Prize. There will be one (1) winner chosen each week for each creative presentation, for a total of fifty four (54) weekly winners for the Sweepstakes. Weekly random drawings will be made from eligible entries received beginning at 12:00 AM ET on the Tuesday of one week and ending the following Monday at 11:59PM ET commencing with the December 4, 2007 drawing. Non-winning entries in one weekly drawing will not be rolled over to subsequent drawings; however, all entries will be included in the Grand Prize Drawing. Prize winners may be notified by email to the email address submitted with the entry/registration or through other means of communications. It is an entrant’s responsibility to keep his/her email address current. A potential Grand Prize winner will have two (2) business days to reply, agreeing to accept the prize and providing/confirming full contact information. Failure to confirm and provide the above will signify to the Sponsor that the prize has been declined and forfeited for all time and another potential winner will be chosen in random drawings. Email notification as undeliverable after three (3) attempts will result in disqualification. First Prize winners will not be required to reply in order to accept the prize.
6. Quantity, Prize, Approximate Retail Value (ARV) and Odds:
(1) Grand Prize: The Sweepstakes will be shown in three (3) creative presentations by the same Sponsor. The odds of winning the Grand Prize will depend on the total number of eligible entries received during the Sweepstakes Period through all three (3) creative presentations.
· Creative Presentation #1: Eat & Shop Your Way through Italy. An 8-day/7-night trip for winner and one (1) guest to Rome and Florence, Italy consisting of Business Class (if avaialble) airline travel for two (2) from/to the nearest International gateway airport to winner’s residence in the 50 United States, D.C. to Rome, Italy (there may be stops or plane changes); standard, double-occupancy accommodation for four (4) nights in a four star hotel of Sponsor's choosing (it is possible there will be one night of accommodation in a lesser-stared hotel in order for winner to be close to the airport for early departure), first class travel (if available) by from Florence to Rome, standard, double-occupancy accommodation for three (3) nights in a four star hotel of Sponsor's choosing while in Rome, transfers from/to airports, train stations and hotels in Europe, one dinner for two at a Michelin one-star restaurant (maximum of $600) of Sponsor’s choosing and “spending money” up to a maximum of $5,000 provided the total vacation value including all expenses, taxes, fees, etc., does not exceed $15,000. Winner will be responsible for all other expenditures not specifically mentioned here including, without limitation, transportation to/from originating airport, meals (except the dinner provided by Sponsor), gratuities and travel/medical insurance. Winner must book travel through Sponsor or Sponsor’s agent and is subject to space availability and blackout dates. Grand Prize travel must be completed within one year of prize award. ARV: up to $15,000.
· Creative Presentation #2: Let Us Pay Your Student Loans or Tuition. A check for the value of your outstanding student loans or your current year’s college, university or graduate school tuition only (excluding, without limitation, fees, room and board, books and other costs related to your education), up to a maximum of $15,000. ARV: up to $15,000. In order to receive the Grand Prize, a potential winner will have to supply sufficient documentation to satisfy Sponsor/Administrator, in their sole discretion, showing the student loans outstanding or tuition and their value. The name and address on the documentation must match the name and address of the Sweepstakes’ winner. Sponsor/administrator will have the right to verify these documents in any manner they choose with the full cooperation of the potential winner. Should such complete cooperation not be forthcoming, Sponsor has the right, in its sole discretion, to disqualify potential winner and choose another potential winner in random drawings. ARV: up to $15,000.
· Creative Presentation #3: Let Us Pay Your Cable, Phone, Mobile & Internet Bills. A check for the estimated projected value of your cable, home phone, wireless phone and Internet service bills for the next five (5) years, up to a maximum of $15,000. The amount will be calculated by taking your current monthly bills and multiplying by 60 months. Without limitation, inflation/deflation, taxes, fees and other charges will not be taken in account. ARV: up to $15,000. In order to receive the Grand Prize, a potential winner will have to supply sufficient documentation to satisfy Sponsor/Administrator, in their sole discretion, showing the four (4) utilities’ bills and their value. The name and address on the documentation must match the name and address of the Sweepstakes’ winner. Sponsor/administrator will have the right to verify these documents in any manner they choose with the full cooperation of the potential winner. Should such complete cooperation not be forthcoming, Sponsor has the right, in its sole discretion, to disqualify potential winner and choose another potential winner in random drawings. ARV: up to $15,000.
(54) Weekly Prizes: A $100 GiveAnything.com Universal Gift Certificate. ARV: $100. Odds of winning a weekly First Prize depend on the total number of eligible entries received during each week prior to the drawing.
Total ARV of all prizes is up to $20,400.
7. General: Sweepstakes administration and winner selection and verification will be conducted by The marketing Agency, LLC, an independent judging organization whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. By participating in the Sweepstakes, you agree to be bound by these Official Rules. Proof of entry is not proof of entry receipt. Sponsor not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors, including but not limited to, errors by Sponsor’s systems/representatives who enter incorrect information into any of Sponsor’s computer systems or by force majeure. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes in all three creative presentations if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or force majeure or any other causes beyond Sponsor’s control. The next weekly winner will be drawn from among all eligible entries received up to the time of the cancellation/termination. No further weekly winners will be drawn and the Grand Prize will not be awarded. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor’s sole judgment it suspects that entrant has not complied with these Official Rules. Without limitation, all of an entrant’s entries will be disqualified, at the sole discretion of Sponsor, if Sponsor suspects than an entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sponsor assumes no liability for damage caused to entrant's or any other person's/entity's computer hardware, software or communications network, regardless of cause. Only the prizes and the respective values listed in the Official Rules shall be awarded. Winner and travel companion must travel all legs of all flights and all segments of the trip together. Winner and travel companion are responsible for: 1) all travel documents including, without limitation, a current, valid U.S. Passport or other travel documents acceptable to the airlines, The Transportation Security Administration and the European and U.S. Governments, (2) all medical requirements, (3) respecting all local regulations and (4) for full compliance with the regulations of all venues. Sponsor, airline(s), transportation services and hotels have the right to refuse travel and/or admission to anyone who does not have proper travel documents or who does not comply with all regulations or comport him/herself properly. There will be no substitution or compensation for a prize or part of a prize forfeited due to winner's or winner's companion's non-compliance with travel and venues’ regulations or any other reason. Grand Prize winner and his/her Travel Companion, if chosen from the “Eat & Shop Your Way through Italy” creative presentation, will be required to execute and return an Affidavit of Eligibility, Liability and Publicity Release and Affidavit of Eligibility, Liability and Publicity Release (Companion) respectively, within three (3) days of date on email notification or it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected in random drawings. If the publicity portion of the affidavit is legally prohibited in the jurisdiction of the winner, that aspect will be eliminated.
8. Entry Conditions and Release: By entering the Sweepstakes, a participant explicitly releases, discharges and holds harmless the Sweepstakes Entities, their successors, estates and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of a prize. By accepting a prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive a prize is non-assignable and non-transferable and no prize substitution, exchange or cash equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of a prize or force majeure. A prize or prize notification that is returned as undeliverable will disqualify the potential winner and an alternative potential winner shall be selected in random drawings shortly thereafter.
9. Taxes: All taxes are winner’s responsibility and a 2008 Form 1099 will be issued to Grand Prize winner in the amount of $15,000 or the value of the prize.
10. General Conditions: All federal, state and local laws, regulations and ordinances apply. Sweepstakes void where prohibited, licensed, restricted or taxed. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserve the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponosor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Publicity: Except where prohibited, entry into the Sweepstakes or acceptance of the prize constitutes permission to use an entrant’s or winner's name, voice, City, State and likeness and any and all identifying characteristics for promotional, advertising and publicity purposes (including posting to the Sweepstakes.com websites); this permission includes, but is not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
12. Entrant’s Personal Information: Sponsor collects personal information from you when you enter the Sweepstakes. The information collected is subject to the Sponsor’s Privacy Policies found by clicking through “Privacy Policy” at www.sweepstakes.com.
13. Disputes: Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a Federal court of competent jurisdiction sitting in Suffolk County, Massachusetts. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys' fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you. 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 Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.
14. For a Winners List: Available on or about April 30, 2008, send a self addressed, stamped, #10, business envelope to Winners List — The “Sweepstakes.com Free Fall Spectacular” Sweepstakes , c/o The Marketing Agency, 233 Needham Street, Suite 300, Newton MA 02464. Requests must be received by May 31, 2008. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
15. The Sweepstakes is sponsored by Sweepstakes.com Acquisition Group, LLC, 123 Newbury Street, 2nd Floor, Boston, MA 02116. The Sweepstakes is administered by The Marketing Agency, LLC, 233 Needham Street, Suite 300, Newton, MA 02464.
All trademarks are the property of their respective owners. The awarding of various prizes does not imply any participation in, or endorsement of, this sweepstakes by their producer, issuer or sales channel.