Sweepstakes.com “You Name it!” Sweepstakes — Draft
Official Rules
1. Introduction: The Sweepstakes.com “You
Name it!” Sweepstakes (the “Sweepstakes”) is a game of chance promotion which
will be shown in nine (9) different creative presentations by Sweepstakes.com
(“Sponsor”), each with a different prize presentation. All creative
presentations’ prizes will have equal value. The prize drawings will use
entries received from all nine (9) creative presentations and only one (1)
Grand Prize winner and 25 weekly First Prizes will be chosen and awarded across
all nine (9) creative presentations.
ONLY
ONE (1) GRAND PRIZE AND 25 WEEKLY FIRST PRIZES WILL BE AWARDED ACROSS ALL NINE (9) CREATIVE PRESENTATIONS.
2. Timing: The “Sweepstakes Period”
is from 12:00:01 AM Eastern Time (“ET”), April 1, 2008 ("Sweepstakes-Start") to 11:59:59 PM ET, September 30, 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 and US military installations.
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 and The Marketing Agency, LLC (“Administrator”),
their respective parent companies, subsidiaries, business partners,
advertising, design, web development, 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 complete the free registration
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 may require
providing additional information or correctly answering a trivia question.
Features enabling players to earn entries beyond the current daily minimum may
be introduced during the Sweepstakes Period. It is an entrant’s responsibility
to check back with the site frequently. “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 entries discovered to have been 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
drawings about 15 days after Sweepstakes-End from all eligible entries received
during the Sweepstakes Period from all nine (9) creative presentations as
referred to in paragraph #1, above. First Prize. There will be one (1)
weekly winner chosen each week (except for the first two weeks, see below for
first drawing date) in random drawings from all creative presentations, for a
total of 25 weekly winners. Weekly random drawings will be made from eligible
entries received beginning at 12:00:01 AM ET on the Wednesday of one week and
ending the following Tuesday at 11:59:59 PM, ET commencing with the Wednesday, April 15, 2008 drawing. Non-winning entries in one weekly drawing will not be rolled
over to subsequent weekly drawings; therefore you must enter each drawing
period to be eligible for a weekly prize. All eligible entries will be included
in the Grand Prize Drawing. Prize winners may be notified by email to the
email address submitted with an entry/registration or through other means of
communications at Sponsor’s sole discretion. It is an entrant’s responsibility
to keep his/her email address current. A potential First or Grand Prize winner
will have three (3) business days to reply to the email, 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. First Prize winners will be
required to reply by email and to send Sponsor both an electronic image of
themselves and a quote about their win in order to receive the prize.
6. Quantity,
Prize, Approximate Retail Value (ARV) and Odds:
(1) Grand Prize: The Sweepstakes will be
shown in nine (9) creative presentations by the Sponsor. Odds of winning the
Grand Prize: Depend on the total number of eligible entries received during
the Sweepstakes Period through all creative presentations.
· Creative
Presentation #1: Cash and Investments. Sponsor will award $10,000 cash or deposit
$10,000 in the legal investment vehicle of your choice, including but not
limited to a bank account, checking account, savings account, government bonds,
equity investment account, a 529 education account or a retirement plan (such
as an IRA). ARV: $10,000.
· Creative
Presentation #2: Debt & Bill Reduction. Sponsor will pay up to
$10,000 to any government or legal financial company managing the following
types of accounts and financial arrangements, including, but not limited to, a
mortgage, home equity line of credit or loan, credit card account, auto loan or
student loan that you designate, up to a maximum of three payments and a total
of $10,000. Alternatively, Sponsor will send $10,000 to any legal company or
companies with whom you have a regular billing relationship (including, but not
limited to the phone company, cable company, cell phone company or electric
company) up to a maximum of three payments and a total of $10,000.ARV:
$10,000.
· Creative
Presentation #3: Home Improvement. Sponsor will pay to improve one or more
parts of your house including, but not limited to: your kitchen, bathrooms,
backyard, pool, landscaping or provide items for your home including, but not
limited to, new furniture, home entertainment equipment or appliances up to a
maximum of $10,000. ARV: $10,000.
· Creative
Presentation #4: Vehicles. Sponsor will pay $10,000 towards your
auto-related payments, including, but not limited to: paying off your legal
loan payments on your vehicle, buying a new or used vehicle, paying for repairs
on your vehicle, paying for vehicle upgrades, up to a maximum of $10,000 in one
payment. ARV: $10,000.
· Creative
Presentation #5: Energy. Sponsor will send $10,000 to any energy or
related company or companies with whom you have a regular billing relationship
or spend significant money with monthly, including, but not limited to, the gas
company, oil company, electric company or gas stations that you designate up to
a maximum of three payments and a total of $10,000. Alternatively Sponsor will
send $10,000 to any legal company providing energy efficiency improvement
products or services (including but not limited to companies providing solar
panels, energy audits, Energy Star appliances, insulation) that you designate
up to a maximum of three payments and a total of $10,000. ARV: $10,000.
· Creative
Presentation #6: Health & Self-Improvement. Sponsor will send $10,000
to any legal company or medical facility providing products or services related
to your health or “self-improvement” (including, but not limited to medical
services, weight loss, LASIK eye surgery, plastic surgery, gym membership,
smoking cessation programs) that you designate up to a maximum of three
payments and a total of $10,000. ARV: $10,000.
· Creative
Presentation #7: The “Anywhere” Vacation. Sponsor will pay $10,000
towards the vacation of your choice (including, but not limited to, anywhere in
North America, South America, Europe, Asia, Africa and Australia) up to a maximum of $10,000 in one payment. ARV: $10,000.
· Creative
Presentation #8: Las Vegas Vacation. Sponsor will pay $10,000 towards the Las Vegas vacation of your choice, up to a maximum of $10,000 in one payment. Depending on
the cost of the hotel and flights, the remainder of the cash may be used, but
not limited to, shopping, eating and gaming. ARV: $10,000.
· Creative
Presentation #9: The “Anywhere” Cruise. Sponsor will pay $10,000
towards the cruise of your choice (including but not limited to anywhere in the
waters adjacent to North America, South America, Europe, Asia, Africa and Australia) up to a maximum of $10,000 in one payment. ARV: $10,000.
All Grand Prize awards will
be in the form of a check drawn on a US bank and will only be sent to legal U.S. companies and/or Government Agencies.
(25) Weekly Prizes: A $50 Amazon.com Gift Card.ARV: $50. Odds of winning a weekly First Prize depend on the total
number of eligible entries received during each drawing period.
Total ARV of all prizes is
$11,250
Only the prizes and the
respective values listed in the Official Rules shall be awarded. All Prizes
will be awarded if properly claimed according to the Official Rules and if
there are sufficient entries. The Grand Prize will be awarded in the form of a
cash payment(s) as a third party payer. Sponsor assumes no responsibility for
products, work or services that are purchased by winner with the payment and
has no involvement in any transaction. Specifically, both Grand and First prizewinners
acknowledge that the prizes are awarded “as is” and that the Sweepstakes
Entities have neither made, nor are in any manner responsible or liable for any
warranty, representation or guarantee, expressed or implied, in fact or in law,
relative to a prize or regarding the use, value or enjoyment of the prize.
7. General: Sweepstakes administration
and winner selection and verification will be conducted by The Marketing
Agency, LLC, and 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 is 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 is
not responsible for the random loss of entries or failure to attribute entries
which was a result of temporary errors in the
Sponsor’s systems, application and/or database. Sponsor is not
responsible for failure of email communication reaching the email in-box of the
participant. 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. Grand Prize winner will be
required to execute and return an Affidavit of Eligibility, Liability and
Publicity Release 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 attorneys' fees and/or
experts’ fees and 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 attorneys' fees and/or experts’ 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 or 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 $10,000.
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 reserves 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. Sponsor’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 register on the site
and 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 October 30, 2008, send a self addressed, stamped, #10, business envelope to Winners List —
Sweepstakes.com “You Name it!” Sweepstakes, c/o The Marketing Agency, 233 Needham Street, Suite 300, Newton MA 02464. Requests must be received by October 30, 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.