Survey Exchange - Sweepstakes Rules

Ampario 4th Quarter 2009 Sweepstakes - Official Rules

NO PURCHASE NECESSARY.

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 13 YEARS OF AGE OR OLDER. THE PROMOTION IS INTENDED FOR PARTICIPATION ONLY IN THE UNITED STATES AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES LAW. DO NOT PARTICIPATE IN THE PROMOTION UNLESS YOU MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW AND ARE PHYSICALLY LOCATED IN THE 50 UNITED STATES OR D.C. AT THE TIME OF ENTRY.

1. PROMOTION PERIOD

The “Sweepstakes Period” begins October 1, 2009 12:01am PDT and ends December 31, 2009 11:59pm PST. At the end of the Sweepstakes Period, a random drawing will be conducted to select up to four (4) prize winners from among all eligible entries received, as more fully set forth below. Entry in the Ampario 2nd Quarter Sweepstakes (the “Sweepstakes”) does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Ampario c/o OTX Corporation, 10567 Jefferson Blvd., Culver City, CA 90232 (“Sponsor”), which shall be final and binding in all respects.

2. ELIGIBILITY

Open only to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older at the time of entry. Sponsor, Ampario, Survey Exchange, and Estudios Telemundo, their respective parent companies, affiliates, subsidiaries and advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Sweepstakes Entities”) can complete the surveys but are not eligible to enter the Sweepstakes or win a prize. Void where prohibited or restricted by law.

3. HOW TO ENTER

To enter, click through an invitation link from one of the applicable Sweepstakes websites, Sweepstakes Entities’ websites, or other promotional media to arrive at the Sweepstakes website (the “Website”). Once at the Website, each participant must complete the Sweepstakes registration form with the information requested and may also register or opt-in to take market research surveys at no cost. You do not need to fully complete the marketing research survey in order to enter the Sweepstakes, but you do need to complete the registration form and validate your email address by responding to the confirmation e-mail that is automatically sent after you click “Enter”. Upon Sponsor’s receipt of a participant’s response to the confirmation e-mail, such participant will be entered into the Sweepstakes. Registered members of the Survey Exchange panel will not be required to validate their email address for an entry to be valid. Limit one (1) entry per person and/or per e-mail address per every 24-hour period. All entries must be received by the end of the Sweepstakes Period in order to participate. The Website’s database clock will be the official time keeper for this Sweepstakes. In order to be a valid entry, participants must provide their true and correct valid e-mail address, age, gender and zip code . Failure to accurately complete the Website’s registration form in a timely fashion will cause an entry to be void. Surveys will only be active for a limited period of time. If a participant tries to complete an expired survey it may be impossible to register for the Sweepstakes through such survey website, enter the Sweepstakes or complete such survey. All entries become the property of Sponsor and none will be acknowledged or returned. No mechanically reproduced, illegible, or incomplete, entries will be accepted. Sweepstakes entries will be deemed null and void and will be rejected if not submitted through authorized, legitimate channels. The use of any device to automate the entry process is prohibited. NOTE: Internet entry must be made by the entrant, and only at the Website accessed from one of the Sweepstakes Entities’ websites. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or any applicable website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Information collected in connection with this Sweepstakes may be shared with the other Sweepstakes Entities, and in such event, such Sweepstakes Entities will use such information in accordance with their own independent privacy practices. Each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of her or his name, picture, likeness, voice, address (city and state) and any statements made or attributed to such winner (collectively, “Attributes”) for advertising and promotional purposes in any and all media including, without limitation, on the Website or Sweepstakes Entities’ websites and/or the otxresearch.com website and in other promotional materials, without notice, review or approval, and without further compensation, and each verified winner hereby releases, discharges and holds harmless the Sweepstakes Entities from all claims arising out of the use of such Attributes. Except as otherwise contemplated in these Official Rules, information collected in connection with this Sweepstakes will be used in accordance with the privacy policy posted on the Website

4. PRIZES and ODDS

Four (4) prizes are available. A random drawing to determine the potential winners will be conducted within 4 weeks of the official closing of the Sweepstakes Period. The specific prizes for the Sweepstakes will either be as described below or announced with the survey invitation received by a participant or otherwise as determined by the Sponsor in its sole discretion.

• One (1) Nintendo Wii game console, with an Approximate Retail Value (“ARV”) of $250.
• One (1) Apple® iPhone®, with an ARV of $499. Apple® and iPhone® are registered trademarks of Apple Computer, Inc. The Sweepstakes is not affiliated with or endorsed by Apple Computer, Inc.
• One (1) Sony BDP-S300 1080p Blu-ray Disc Player with an ARV of $499.99.
• One (1) beauty package comprising of 2 gift certificates - one $250 gift certificate to Sephora and one $250 gift certificate to Shopbop.com; a total ARV of $500.

Total combined ARV of all prizes: $1,649. All costs and expenses incurred in connection with redeeming, accepting or using a prize that are not specifically provided for herein, such as tax, gratuities, personal expenses, and any incidental expenses, are solely the responsibility of the applicable prize winner. Sponsor reserves the right to substitute a prize of comparable or greater value in the event the offered prize is unavailable for any reason. Odds of winning depend on the total number of eligible entries received. Prizes will be awarded only if the potential winner fully complies with these Official Rules. Prizes are nonassignable and nontransferable. Prizes pictured in online and other Sweepstakes materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize is unavailable, in whole or in part, for any reason. Each potential prize winner will be required to execute an Affidavit of Eligibility, a Liability Release and, where legal, a Publicity Release (collectively, “Prize Claim Documents”). If the winner is considered to be a minor in his or her state of residence (a “Minor”), at Sponsor’s option, the applicable prize either will be awarded to the Minor winner’s parent or legal guardian on behalf of the winner, or the parent or legal guardian of the Minor winner will be required to ratify and sign the Prize Claim Documents. If any potential prize winner (or such winner’s parent or legal guardian, if and as applicable) fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification, such potential prize winner may be disqualified and an alternate potential prize winner may be selected. If a prize winner makes any false statement in any document related to the Sweepstakes or any prize related thereto, or if it is discovered that a winner has registered for the Sweepstakes online simultaneously using more than one email address, the winner will be required to promptly return to Sponsor upon demand her or his prize(s) or, at Sponsor’s option, the cash equivalent of the prize(s) based on the ARV published in these Official Rules. Prizes will be delivered only to an address in the 50 United States. In the event Sponsor agrees, in its sole discretion, to deliver a prize to an address outside the 50 United States, the winner of such prize shall be solely responsible for paying all shipping and other costs associated with such delivery. A potential winner of a prize may not transfer his or her prize unless authorized in writing by Sponsor before the transfer is made. Such authorization may be granted or withheld in Sponsor’s sole discretion. Request for transfer must be in writing and must be included in the Redemption Envelope with the Affidavit of Eligibility and Liability Release. The person to whom the prize is transferred must meet the eligibility restrictions set forth in these Official Rules and execute all required Prize Claim Documents. Each prize winner shall be solely responsible for all federal, state and/or local taxes, sales tax, surcharges, service charges, delivery, processing and handling fees, and all other costs incurred in claiming the prize. Each prize winner will be issued a 1099 Tax Form for the retail value of the prize in January, following the receipt of prize. With respect to non-cash prizes, it may be legally necessary under the United States Internal Revenue Code (as determined by Sponsor in its sole discretion) for the prize winner to pay the amount of any tax before receiving the prize. The ARV’s of any electronics prizes listed are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV’s are estimated for purposes of these Official Rules and the date the prize(s) is(are) awarded or redeemed. If the actual purchase price of an electronics prize is less than the ARV or MSRP stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.
WINNER NOTIFICATION

The winners will be randomly selected from all eligible entries received. The drawing will be conducted by Sponsor using randomization methods selected in its sole discretion. The potential winners will be notified by telephone and/or mail and/or email using the contact information provided at the time of registration and may be required to complete an affidavit of eligibility and, where such condition is legal, a publicity release and a W-9 tax form. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. For instance, Sponsor is not responsible if a potential prize winner does not receive his or her winner notification or corresponding prize because a fraudulent or bogus e-mail address or other inaccurate contact information was provided at the time of entry or if the e-mail it sends to a potential prize winner is misdirected or bounces back or is intercepted by SPAM or other e-mail filters. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor will successively attempt to contact up to two (2) potential winners of each prize in accordance with such procedure, and if there is still no confirmed winner of the prize in question after such attempts have been made, the applicable prize may go un-awarded. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Confirmed winners must allow 8-10 weeks for their prize to be delivered. Winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees, costs and expenses related to acceptance and use of prize. Prizes won by Minors may be awarded to their parents or legal guardians. Limit one prize per person, email address, family, household or address.

5. GENERAL RELEASE

It is each entrant’s responsibility to ensure that he/she has complied with the conditions contained in these Official Rules, and each person who enters the Sweepstakes does so at their own risk. Entrants agree that the Sweepstakes Entities shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Sweepstakes Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Sponsor site or any Sweepstakes Entity’s site or participating in the Sweepstakes or in any survey, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. In the event of a dispute as to the identity of the entrant, any on-line entry will be deemed submitted by the authorized account holder of the user ID from which it was sent, provided such account holder must still meet the eligibility requirements for the Sweepstakes. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the user ID associated with the winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor reserves the right, without prior notice and at any time, to modify, extend, suspend, or terminate the Sweepstakes if, for any reason, the live sample or panel recruitment effort is not capable of being executed as planned or if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated, in whole or in part, before the designated end date, Sponsor will select winners (or the remaining winners, as the case may be) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded, and inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded. By participating in the Sweepstakes and redeeming a prize, each winner hereby releases and agrees to hold the Sweepstakes Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or the receipt, use or misuse of any prize. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

6. GOVERNING LAW; ARBITRATION

All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of the participant or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By participating in this Sweepstakes, all participants agree that any and all disputes they may have with, or claims they may have against, Sponsor relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of prizes, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually, without resort to any form of class or representative action, and exclusively by private, final and binding arbitration administered by the American Arbitration Association (the “AAA”) pursuant to the AAA’s applicable rules of procedure.

7. WINNERS LIST

For any legally-required list of winners or a copy of these Official Rules, send a self-addressed, stamped envelope, along with the Sweepstakes Period for the Sweepstakes you’re interested in, to: Ampario c/o OTX 10567 Jefferson Blvd, Culver City, CA 90232, “Attention: Winners List – 4th Quarter 2009 Sweepstakes for the three months of October-December” within ninety (90) days after the end of the Sweepstakes Period.