Ampario 1st Quarter 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 January 1, 2008 12:01am PDT
and ends March 31, 2008 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 4th 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 unsportsman-like 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 (ìARVî) of $250.
∑
One (1) AppleÆ iPhoneÆ, with an ARV of $399. †AppleÆ and iPhoneÆ are registered trademarks
of Apple Computer, Inc. †The Sweepstakes
is not affiliated with or endorsed by Apple Computer, Inc.
∑
One (1) Burton Snowboard, with and ARV of up to $500.
∑
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: $1,679. 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, ìPrize Claim Documentsî). 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 Sponsorís 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 entrantís 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 entrantsí
acceptance, receipt, possession and/or use or misuse of any prize. Sweepstakes
Entities assume no responsibility for any damage to an entrantís 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 Sponsorís 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 Sponsorís control (each a ìForce Majeureî 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 stateís 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 ìAAAî)
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 – 1st Quarter Sweepstakes for the
three months of January-March" within ninety (90) days after the end of
the Sweepstakes Period.
© 2007 OTX Corporation. All
Rights Reserved.
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