THE POTENTIAL WINNER WILL BE CONTACTED ON OR ABOUT JANUARY 3, 2011 VIA MESSAGING TO THE EMAIL ASSOCIATED WITH THEIR MYSPACE ACCOUNT. IT IS THE SOLE RESPONSIBILITY OF THE ENTRANT TO ENSURE THAT INFORMATION ASSOCIATED WITH THE MYSPACE ACCOUNT USED FOR THE SWEEPSTAKES IS CURRENT AND ACCURATE.
1. DESCRIPTION: The "IE9 Sweepstakes" ("Sweepstakes") begins on or about November 23, 2010 at 12:01 PM Pacific Time (“PT”) and ends on December 31, 2010 at 11:59 AM PT ("Sweepstakes Period"). The administrator of this Sweepstakes is Creative Zing Promotion Group, 189 S. Orange Ave., Suite 1130A, Orlando, Florida 32801 ("Administrator"). The sponsor of this Sweepstakes is Myspace, Inc., 407 North Maple Drive, Beverly Hills, CA 90210 (“Myspace” or “Sponsor”). This Sweepstakes is presented by Microsoft (“Presenter”).
2. ELIGIBILITY: Sweepstakes is open to legal residents of the forty-eight (48) contiguous United States and Washington, D.C. who are at least 18 years of age or the age of legal majority (whichever is older) in their state of primary residence at time of entry (“Entrant”). ENTRANT, IF SELECTED AS A WINNER, MUST BE AVAILABLE TO TRAVEL FROM JANUARY 19-22, 2011; EXACT DATES TO BE DETERMINED BY THE SPONSOR/ADMINISTRATOR. Entrants must have Internet access or otherwise have an ability to access the Internet as of November 22, 2010. All Entrants must be registered users of the www.myspace.com website (“Registered User”) and in compliance with Myspace’s Terms & Conditions policy located at http://www.myspace.com/Help/Terms which may be modified from time to time. Any individuals (including but not limited to employees, independent contractors, consultants and interns) who have, within the last six (6) months, been employed by or performed services for Sponsor, Administrator, Presenter (collectively, "Sweepstakes Entities"), or any organizations affiliated with the sponsorship, administration, prize support, fulfillment, advertisement or promotion of the Sweepstakes are not eligible to enter or win. Household Members and Immediate Family Members of each such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void in Alaska, Hawaii and where prohibited or restricted by law.
3. HOW TO ENTER: Entrants must log onto their Myspace profile; then visit the Sweepstakes web site at www.myspace.com/ie9 ("Website") during the Sweepstakes Period. Entrants will be instructed to follow the on-screen instructions to add the "IE9" Profile as a Top Friend to their Myspace profile to automatically receive one (1) entry into the Sweepstakes. The Top Friend Profile placement must remain in place on the Entrant's profile page until at least January 8, 2011 for verification purposes. You must add the “IE9” Profile by December 31, 2010 at 11:59 AM PT to be eligible for the Sweepstakes. Limit of one (1) entry per person for the duration of the Sweepstakes. Multiple entries received from any unique profile or person during the Sweepstakes Period will be void. Entries generated by a macro, script or other automated means will be disqualified. Each entrant must be the rightful owner (or have authorized use) of the Myspace account utilized in the Sweepstakes. In the event of a dispute as to the identity of any entrant or winner, at the sole discretion of the Sponsors, the entrant or winner will be deemed to be the person in whose name the Myspace account was opened. Potential winner will be contacted via messaging to the email associated with their Myspace account. It is the sole responsibility of the entrants to ensure that information associated with the Myspace account used for the Sweepstakes is current and accurate. Incomplete, unreadable, or unintelligible entries will be disqualified. Entrants must provide all information requested to be eligible to win.
4. PRIZES:
Grand Prize (1) |
One (1) “Grand Prize” will be awarded. The Grand Prize winner (“Winner”) will receive: one (1) 4 day/3 night trip for two (2) people to Sunrise, FL to attend the Linkin Park concert at the Bank Atlantic Center (show date: January 20, 2011). The trip will consist of the following: (a.) round-trip coach air transportation for two (2) people from the major airport nearest Grand Prize Winner's residence to an airport in the Sunrise area, as selected at the sole discretion of the Sponsor or Administrator; (b.) three (3) nights standard hotel accommodations for Grand Prize Winner and his/her guest at a hotel selected by Sponsor or Administrator (one room; double occupancy and room tax only); (c.) two (2) VIP tickets to attend the Linkin Park Concert at the Bank Atlantic Center; (d.) $500 cash allowance for ground transportation/spending money, and (e.) the opportunity to be an official blogger of the concert (the “Assignment” and “Assignment Materials”) (Sponsor reserves the right to use or not use blog post at their sole discretion). Timing and exact Assignment details will be determined at the sole discretion of Sweepstakes Entities. Approximate Retail Value ("ARV") of Grand Prize: $ 3,750. |
Total Promotional Value: $3,750
All prize details are at the sole discretion of the Sponsor. Prize winners cannot assign or transfer the prize to another person. No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor, who reserves the right to substitute a prize (or any portion thereof) of comparable or greater value, in their sole discretion. Other restrictions may apply.
TRAVEL IS TENTATIVELY SCHEDULED TO TAKE PLACE FROM JANUARY 19-22, 2011 (exact trip dates will be specified by the Sponsor/Administrator). GRAND PRIZE WINNER AND GUEST MUST TAKE TRIP ON DATES SPECIFIED BY THE SPONSOR/ADMINISTRATOR OR THE GRAND PRIZE WILL BE FORFEITED AND NO ADDITIONAL COMPENSATION WILL BE AWARDED. Dates of departure and return are subject to change at Sponsor’s sole discretion. Actual value of Grand Prize will depend on point of departure, any airfare fluctuations and seasonal pricing; any difference will not be awarded. Grand Prize Winner and travel companion (“Guest”) must travel together on same itinerary for the trip. Guest must be a least 18 years of age and must complete a guest liability/publicity release prior to the Concert. Grand Prize Winner and Guest agree that they undertake the Trip, Concert, and Assignment at their own risk. Airline for Grand Prize to be selected by Sponsor/Administrator in their sole discretion. Airline carrier’s regulations and conditions apply. If the Grand Prize winner lives within 100 miles of Sunrise, FL, the Sponsor/Administrator reserve the right to substitute ground transportation for the airfare with no further obligation to the Grand Prize winner. Trip is subject to air travel/hotel availability and other restrictions/conditions. Once trip dates have been booked, no changes, extensions or substitutions are permitted, except at Sponsor/Administrator sole discretion. If Grand Prize Winner elects to travel for fewer days, no additional compensation will be awarded. Sponsor will not replace any lost or stolen tickets or travel vouchers. Grand Prize Winner is solely responsible for all incidentals, including, but not limited to, ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare will be charged to the winner from stopover point for the remaining segments, including return, of the trip. Sweepstakes Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Other restrictions may apply.
Sweepstakes Entities shall have no obligation (express or implied) to use any Assignment Materials, or to otherwise exploit any Assignment Materials. Sweepstakes Entities may, at any time, abandon the use of the any Assignment Materials for any reason, with or without legal justification or excuse. Time is of the essence in awarding and fulfilling the prize. As a result, any unwillingness, inability or other failure to attend the Concert on the dates specified by the Sweepstakes Entities may result in forfeiture of the prize. In the event that the Concert listed in the prize description does not or cannot take place as scheduled, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, the related portions of the prize may be cancelled without substitution or compensation, and if the Concert takes place but the Assignment portion of the prize becomes unavailable for any reason, then the Concert alone shall constitute full satisfaction of Sponsor’s prize obligation to the Winner, and no other or additional compensation will be awarded. If Winner is unable or unwilling to accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed
5. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received.
6. WINNER SELECTION AND NOTIFICATION: Potential Winner will be selected in a random drawing conducted by the Administrator, on or about January 3, 2011, from among all eligible entries received. The potential winner will be notified within approximately 24-hours of the aforementioned drawing via messaging to the email associated with the potential winner’s Myspace account. It is the sole responsibility of the entrant to ensure that information associated with the Myspace account used for the sweepstakes is current and accurate. The potential winner must be able to receive telephone calls from an unlisted and/or blocked number. Messages may not be left. Winner will be required to respond (as directed) to the notification within 24 hours of first attempted notification. Potential Winner may be required to verify address and return within two (2) days an affidavit of eligibility, a liability release and (where imposing such condition is legal) a publicity release (collectively, the "Prize Claim Documents"). Failure of any potential winner respond or to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize. A prize will not be awarded until all such properly executed forms are returned. Guests will be required to verify address and to execute a Travel Companion Release, as directed by the Sponsor, prior to the travel departure date. Failure to return the executed Travel Companion Release within the specified time period may result in forfeiture of the prize. The winner must provide Sponsor with a valid social security number before the Grand Prize will be awarded for tax reporting purposes. Winner will receive an IRS Form 1099 from the Sponsor for the total ARV of the Prize (stated above) in the calendar year in which the prize was fulfilled. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsor’s sole discretion. Limit one (1) prize per household.
7. CONDITIONS OF PARTICIPATION/RELEASES: Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sponsors and the Administrator, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that they may win, each entrant agrees to release the Sweepstakes Entities; each of their respective parent, subsidiary and affiliated companies, units and divisions; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of any prize. Each entrant authorizes the Sweepstakes Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sweepstakes Entities are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sweepstakes Entities’ sole discretion, without further obligation or compensation, unless prohibited by law. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sponsors reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, to select the winner from among all of the eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsors. Sponsors may prohibit you from participating in the Sweepstakes or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsors’ representatives. This Sweepstakes will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Sweepstakes must be brought in a court of competent jurisdiction within the United States. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
8. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes, or the rights and obligations of Entrants and the Sweepstakes Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Sweepstakes, and/or any intellectual property owned or licensed by the Sweepstakes Entities or their respective parent companies and affiliated entities.
9. PRIVACY POLICY: Any personal information supplied by you to Myspace will be subject to Myspace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy, which may be modified from time to time. By entering the Sweepstakes, you grant Myspace permission to share your email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of administration and prize fulfillment. Myspace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the other Sponsors and as explicitly described herein.
10. Prize Winner List AND OFFICIAL RULES: For the name of the winner (available after January 3, 2011) or a copy of these Official Sweepstakes Rules, mail a self-addressed, stamped envelope (VT residents need not affix return postage on requests for rules) to: “IE9 Sweepstakes” Winner's List or Rules, 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801. All requests must be received by February 7, 2011.