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With each mailed entry, include your name, mailing address, date of birth, telephone number and e-mail address. Entry must be postmarked by August 14, 2009. Only one entry per envelope. Use of any automated system to participate is prohibited and will result in disqualification.
Sponsor and its contractors, agents or representatives are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone or computer hardware or software or telephone transmissions or technical failures, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation the incorrect or inaccurate capture of entry information online, or for lost, late, incomplete, damaged, destroyed, delayed, stolen, misdirected or illegible entries. 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. Entry materials/data that have been tampered with or altered are void. Once submitted, entries become the sole property of Sponsor to be used for any purpose in any media and will not be returned.
4. PRIZE DRAWING(S):
Winner will be selected via a random drawing on or about August 24, 2009. Sponsor will conduct the drawing. Entrant agrees to the Official Rules and the decisions of the Sponsor. Sponsor's decision will be final and binding in all respects. Winner will be notified after the prize drawing.
5. PRIZE(S)/APPROXIMATE RETAIL VALUE/ODDS OF WINNING: Ten (10) Grand Prize Winners (1 of 10): One Empire E-Vent Goggle System. Approximate Retail Value ("ARV") of Grand Prize: [$99.95].
Total ARV of all Promotion prizes: [$999.50].
Winner is solely responsible for any and all expenses related to participation in the Promotion (including acceptance of prize, meals and gratuities) not specified herein. Prize returned as undeliverable or otherwise not claimed within fourteen (14) days after being sent will be forfeited and awarded to an alternate winner. Prize is not transferable. No prize substitution or cash equivalent of prize except at Sponsor's sole discretion due to prize unavailability for any reason and only then for prize of comparable value or cash equivalent. The prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Odds of winning depend on the number of eligible entries received. ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
6. CONDITIONS OF PARTICIPATION: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Prize winner(s) will be notified by phone, email, U.S. mail, and/or overnight courier, within seventy-two (72) hours after the prize winner(s) is determined. Prize winner(s) will be required to sign and return an Affidavit of Eligibility and Liability Release, and, where legal, a Publicity Release (“Affidavit”), within fourteen (14) days of the date printed on the prize notification. If potential winner(s) does not complete and return the Affidavit within 14 days, the potential winner(s) may be disqualified and an alternate winner(s) selected.
7. CANCELLATION: Sponsor reserves the right, in its sole discretion to cancel, terminate, or suspend this Promotion for any reason, including if: (a) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion; or (b) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). In such event, the prize winners will be selected by random drawing from all eligible entries received up to the time of such cancellation, termination or suspension, or in such other fashion as shall be considered equitable in the sole discretion of the Sponsor.
8 RELEASE/PUBLICITY: By participating in the Promotion, Entrant releases Sponsor, and its parent companies, affiliates, subsidiaries, advertising/promotional agencies, and the employees, officers, directors and agents 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. Except as otherwise prohibited by law, by accepting prize, winner grants permission to use his/her name, address, likeness, photograph, and statements to Sponsor and its parent companies, affiliates, subsidiaries, and advertising/promotional agencies for advertising/publicity purposes in any and all media, worldwide in perpetuity without further compensation.
9. DISPUTE RESOLUTION/CHOICE OF LAW: Except where prohibited by law, by participating Entrant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor (or Sponsor’s agent) shall be governed by and construed exclusively in accordance with the laws of the State of New Jersey, USA without giving effect to any otherwise applicable principles of conflicts of law. Entrant agrees that any action at law or in equity arising out of or relating to this Promotion shall be filed only in the state or federal courts located in the State of New Jersey. Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain awards for and 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.
10. OFFICIAL RULES/WINNERS LIST: For a copy of the Official Rules, mail a self-addressed stamped envelope by August 14, 2009 to: “The Empire E-Vents Goggle Enter To Win Promotion”, Kee Action Sports, LLC, 570 Mantua Blvd., Sewell, NJ 08080. For a copy of the Official Winners List, (available approximately September 14, 2009) mail a self-addressed stamped envelope to: Kee Action Sports, LLC, 570 Mantua Blvd., Sewell, NJ 08080, Attn: “The Empire E-Vents Goggle Enter to Win Promotion, Official Winners List.” The Promotion and all accompanying materials are © 2009, Kee Action Sports, LLC, all rights reserved
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