Mindspark Advertising E-Newsletter Sweepstakes 2009
NO PURCHASE NECESSARY TO ENTER OR WIN. PRODUCT PURCHASE WILL NOT ENHANCE CHANCES OF WINNING A PRIZE.
The Mindspark Advertising E-Newsletter Sweepstakes (the "Sweepstakes") is offered and open only to legal residents of the 48 contiguous United States at least 21 years old at the time of entry. Employees and directors of Mindspark Interactive Network, Inc., ("Sponsor"), its parents, affiliated and subsidiary companies, advertising and promotion agencies, judges and legal advisors, and the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees and directors are not eligible. By entering, you agree to these rules (the "Official Rules") and that the decisions of Sponsor are final and binding in all respects.
Void where prohibited.
2. PROMOTIONAL PERIOD
Sweepstakes period begins on June 8, 2009 at 12:00 a.m. Eastern Time (ET), and ends on July 15, 2009 at 11:59:59 a.m. ET (the "Sweepstakes Period").
3. HOW TO ENTER
TO ENTER BY INTERNET: To enter the Sweepstakes via the Internet, your computer must accept cookies, or any successor or similar technology (whether now known or hereafter devised or discovered) that may be used by Sponsor for the purpose of entry tracking. Access the Mindspark Advertising web site at www.mindsparkadvertising.com (the "Website") and click on the Sweepstakes banner. Complete the E-Newsletter form by filling out your full name, company name, email address, postal address, and any other required fields, including checking the box that indicates you are over 18 years of age and clicking “Submit Form”. By entering your information you incur no obligations other than your agreement to receive emails from Mindpspark Advertising. You may opt-out of the receipt of such email by following the directions in the email or on the Website. Unless otherwise specified in writing on the Website, any other attempt at Internet or email entry is void. Limit one (1) entry per person.
TO ENTER BY MAIL: To enter by mail, on a 3”x5” card in black or blue ink hand print your full name, complete home or business address (including zip code), date of birth, gender, email address and in the upper right hand corner of the card, your home phone number (including area code) followed by your first, middle and last initials and mail in a first class stamped #11 envelope to: Mindspark Advertising E-Newsletter Summer Sweepstakes c/o Mindspark Interactive Network, Inc., One North Lexington Ave, 9th Floor, White Plains, NY 10601. Limit 1 card per person per promotional period. ALL OTHER MAIL-IN ENTRIES ARE VOID. The envelope must be postmarked during the promotional period and received within 7 days after the end of the promotional period. No metered mail, or copies, facsimiles or mechanical reproductions accepted.
No responsibility is assumed for lost, late, incomplete, stolen, misdirected, illegible or postage due entries, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Entrants may not enter with multiple email addresses and/or multiple identities nor may entrants use any other device or artifice to obtain more than the maximum number of entries. Any entrant who attempts to participate with multiple email and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries may be disqualified.
On or about July 25, 2009, a random drawing to select the winners will be held under the supervision of Sponsor from all eligible entries for that prize. Winners will be sent their prize, to the address listed on the entry form or on the post card, on or about August 30, 2009.
One Hundred Fifty (150) Grand Prizes: Desktop “Butt Station” valued at $25 US Dollars
Odds of winning in any drawing depend on the number of eligible entries received for that drawing. No assignment, transfer or substitution of prize is permitted (except as provided herein.) Sponsor reserves the right to substitute a prize of equal or greater value if due to prize unavailability. No cash redemptions. Taxes are the sole responsibility of winner.
7. GENERAL CONDITIONS
Winners may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 7 days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be in compliance with these Official Rules, or otherwise ineligible, may result in disqualification with an alternate winner selected.
Failure to claim a prize or not returning any required documentation within 30 days, shall result in the forfeiture of the prize.
Where permitted by law, winner agrees to grant to Sponsor, and those acting pursuant to its direction or control (and confirm such grant in writing upon request), the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, employer and title, as news or information and for advertising, trade and promotional purposes without additional consideration, and without notification, review or approval.
By accepting a prize a winne agrees that any Affidavit and/or Releases, and any grant of permission to use the winner's name and other information , as stated above, may be secured by Sponsor electronically, for example but not limited to, by email or by facsimile, and such secured Affidavit and/or Releases and permission will have the same force and effect as if any of them had been secured in a written document which was physically executed by the winner.
Further, by accepting a prize, each winner releases and agrees to hold harmless Sponsor, and its parents, affiliates, subsidiaries, advertising and promotion agencies and its respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Sweepstakes-related activity, or participation in this Sweepstakes.
ponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Website; to be in violation of the Terms of Service of the Website; to be acting in violation of these Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes and conduct a random drawing to award the Prizes using all eligible non-suspect entries received as of the date on which any such action is taken or as deemed fair and appropriate by Sponsor. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://www.MindsparkAdvertising.com.
8. LIMITATIONS OF LIABILITY
ponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.
ponsor is not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by website users, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the web site.
IN NO EVENT WILL SPONSOR, OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS SWEEPSTAKES, ACCESS TO AND USE OF INTERNET SITE www.Mindsparkadvertising.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Except where prohibited, as a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the state or federal courts located in New York, NY, which courts shall have exclusive jurisdiction over the subject matter hereof. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
10. WINNERS LIST
For name of winners, mail a self-addressed stamped envelope for receipt by August 30, 2009 to: Mindspark Advertising E-Newsletter Sweepstakes Prize Winners c/o Mindspark Interactive Network, Inc, 1 N. Lexington Ave., 9th Floor, White Plains, NY 10601. For Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES Mindspark Advertising E-Newsletter Sweepstakes for receipt by July 1, 2009.
11. Sponsored by: Mindspark Interactive Network, Inc., 1 N. Lexington Ave., 9th Floor, White Plains, NY 10601.