SmarterQuotes $10,000 Giveaway/
GRAND PRIZE DRAWING OFFICIAL RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
FOR PERSONS WHO ENTER THE SWEEPSTAKES THROUGH THIS CREATIVE PRESENTATION, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
1. Introduction. The Grand Prize Drawing ("Sweepstakes") is sponsored by ePrize LLC, One ePrize Drive, Pleasant Ridge, MI 48069 ("Sponsor"). This Sweepstakes is offered in conjunction with multiple companies ("Promoters") through different Web sites ("Creative Presentations"), announcing many different prizes. The Promoter for this particular Creative Presentation is Gambit Media, LLC, 218 Main Street #646, Kirkland, WA 98033 ("Gambit Media"). One (1) winner will be selected in a random drawing from among all entries received across all Creative Presentations. The prize for which an entrant is eligible depends on the Creative Presentation through which the entrant entered the Sweepstakes.
ONLY ONE (1) GRAND PRIZE ACROSS ALL CREATIVE PRESENTATIONS WILL BE AWARDED IN THE SWEEPSTAKES.
2. Timing. The Sweepstakes begins on October 1, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on December 31, 2008 at 11:59 p.m. ET (the "Promotion Period"). Various Creative Presentations may be added throughout the Promotion Period. Gambit Media’s computer is the official time-keeping device for this Promotion.
3. Eligibility. The Sweepstakes is open to legal residents of the fifty (50) United States (including the District of Columbia), who have reached the age of majority in their respective jurisdictions. Void where prohibited. Employees, officers and directors of Sponsor and Promoter, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as spouse, parents, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible. By participating in this Sweepstakes, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. All federal, state and local laws apply.
4. How to Enter. There are two (2) ways to enter the Sweepstakes:
To enter in person: A member of SmarterQuotes who remains an active subscriber to the SmarterQuotes email newsletter will automatically receive one (1) entry into the Sweepstakes for each week of the Promotion Period that the member remains active. For the purposes of the Sweepstakes, a week begins Tuesday at 12:00 a.m. ET and ends the following Monday at 11:59 p.m. ET. If, at any point, the member unsubscribes from the email newsletter, he/she will no longer be eligible to receive additional automatic entries into the Sweepstakes. Some SmarterQuotes Financial Alert Newsletters will contain a link with a Bonus Entry Alert ("Bonus Entry Alert"). A Bonus Entry Alert is the text in the Financial Alert Newsletter specifying that an entrant can earn five (5) bonus entries for clicking on the link. A member who clicks on the link and follows the instructions to receive the bonus entries will receive five (5) bonus entries into the Sweepstakes. A member may earn up to five (5) bonus entries per day via this method. If you have a birthday during the Promotion Period and have provided SmarterQuotes with your birthdate, you will receive twenty-five (25) bonus entries into the Sweepstakes. If you have been a SmarterQuotes member for one (1) year and your one (1) year membership anniversary occurs during the Promotion Period, you will receive twenty-five (25) bonus entries. If you are not already a subscriber and you subscribe to the SmarterQuotes email newsletter during the Promotion Period, you automatically will earn twenty-five (25) bonus entries into the Sweepstakes. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
To enter by mail: Hand-print on a 3" x 5" piece of paper your name, address, day and evening phone numbers, email address (if any), age, and mail it with proper postage to: "SmarterQuotes $10,000 Giveaway Q4 2008," c/o ePrize, P.O. Box 8070, Royal Oak, MI 48068-8070. All mail-in entries must be postmarked by December 31, 2008, and received by the close of business on January 7, 2009. Limit: One (1) entry per separately mailed envelope. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible, illegible, misdirected or postage due entries, which will be disqualified.
5. For All Entries. Limit: Each participant may receive up to five hundred eighteen (518) entries, regardless of method of entry. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification.
You may enter the Grand Prize Drawing through as many Creative Presentations as you like.
6. Selection of Potential Winner. Sponsor will randomly select one (1) Promoter's Creative Presentation from among all Creative Presentations and Sponsor will then select one (1) potential Grand Prize Winner from among all eligible entries received through the selected Creative Presentation, on or about January 30, 2009. The potential winner must comply with all terms and conditions of these Official Rules; winning is contingent upon fulfilling all requirements. The potential winner will be notified by mail and/or email within ten (10) days of the drawing. Except where prohibited, potential winner must execute and return to the Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If the potential winner cannot be contacted within ten (10) days of the first attempt or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, an alternate entrant will be selected in his/her place, at random, from among all eligible entries received for the selected Creative Presentation. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prize will be fulfilled eight (8) to ten (10) weeks after winner confirmation.
7. Prize. One (1) Grand Prize will be awarded. The prize for which an entrant is eligible depends on the Creative Presentation through which he/she entered. Accordingly, the Grand Prize for a winner who entered through this Creative Presentation will be: $10,000. No substitution, assignment or transfer of prize permitted, except by Sponsor and Promoters, who reserve the right to substitute the prize with another prize of greater or equal value. Winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use. The odds of this Creative Presentation being selected depend on the total number of Creative Presentations. If this Creative Presentation is selected, the odds of winning depend on the number of entries received through this Creative Presentation.
8. Publicity. Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor’s and Promoters' use of winner's name, likeness, voice, opinions, hometown and state for promotional purposes in any media without further payment or consideration.
9. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor's reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of 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 to be acting in violation of these Official Rules or those of any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's or any Promoter's Web site or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and Promoters reserve 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.
10. Release. By receipt of any prize, winner agrees that Sponsor and Promoters, (including but not limited to, Gambit Media), their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner's participation in the Sweepstakes.
11. Limitations of Liability. Sponsor and Promoters are not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected or postage-due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any Web site or service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail, or (7) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or from downloading any material from Sponsor's or Promoter's Web site(s), regardless of whether the material was prepared by Sponsor, Promoter or a third party, and regardless of whether the material is connected to Sponsor's or Promoter's Web site by a hypertext link. 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, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, 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 the 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, un-awarded, eligible prize claims.
12. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes 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 Sweepstakes 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, 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. 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 entrant, Sponsor and Promoter in connection with the Sweepstakes 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 or provisions (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.
13. Data Collection. Sponsor and Promoters collect personal information from you when you enter the Sweepstakes. The information collected is subject to the
ePrize Privacy Policy, located at http://www.eprize.com/privacy/privacypolicy.html. Information collected
may also be subject to the privacy policy of the Promoter at
http://www.smarterquotes.com/members/privacy.asp.
14. Winner List requests will only be accepted after the promotion end date (listed above) and no later than May 30, 2009. For the Winner List, send an email with subject line: "SmarterQuotes $10,000 Giveaway/Grand Prize Drawing Q4 2008, Winner List Request," to WinListRequests@eprizefulfillment.com.
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