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Kaboose Presents: 'Object of Desire Sweepstakes'
Official Rules and Regulations
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
To participate you must be: A legal resident of the 50 United States, Washington D.C., or Canada (excluding Quebec), 18 years of age or older at the time of entry, have a valid e-mail address and have access to a web browser that is compatible with Netscape 6.2 or higher, AOL 7.0 or higher, or Internet Explorer 5.5 or higher. Void in Puerto Rico, Quebec and where prohibited by law.
1. Promotion Period: The Sweepstakes begins at 12:00 a.m. Eastern Time ("EST") February 1, 2008 and ends at 11:59 p.m. EST, February 14th, 2008 (the "Promotion Period").
2. Eligibility: Object of Desire Sweepstakes (the "Sweepstakes") is open only to legal residents of the United States (including the District of Columbia) and Canada (excluding Quebec) who are at least 18 years or older at the time of entry. Employees, officers, directors, and representatives of Kaboose Inc. (“Sponsor”), and their advertising or promotion agencies, those involved in the production, development, implementation, or handling of the Sweepstakes, any agents acting on behalf of the above entities, their respective parent companies, subsidiaries, affiliates, licensees, service providers, (collectively, the “Sweepstakes Entities”), as well as the immediate family members and individuals living in the same household of such persons, whether or not related, are not eligible. Subject to all federal, state, provincial, and local laws and regulations. Chances of winning depend on the number of eligible entries received during the Promotion Period (defined below).
3. Sponsor: Kaboose Inc. 1400 - 505 University Ave, Toronto, ON M5G 1X3, Canada
4. Acceptance of Official Rules: By providing information and participating in the Sweepstakes, each entrant and his/her parent/legal guardian, if necessary, agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Sweepstakes.
5. Sweepstakes Entry: To enter the Sweepstakes, go to http://www.kaboose.com/contests/valentinessweeps/ and follow the instructions to register or log-in. After you have fully completed the online Kaboose registration form for the first time (required fields include email address, username, password, date of birth, first name, last name, mailing address, city, state/province, zip/postal code, country and phone number) and submitted the required information or successfully logged-in thereafter (required fields include mailing address, city, state/province, zip/postal code, country and phone number), you will receive one (1) entry into the Sweepstakes. In the event of a conflict as to any online entry, the authorized account holder of the email address used to enter will be deemed the entrant. The "authorized account holder" is the individual assigned the email address by an ISP (Internet Service Provider), or other organization responsible for assigning the email address associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Sweepstakes Entities are not liable for lost or misdirected entries. All entries become the property of Sponsor and will not be acknowledged or returned other than as set forth in the ‘Personal Information’ section of these Official Rules. All entries must be received during the Promotion Period. Limit one entry per person per e-mail address per day during the Promotion Period. Any additional/duplicate entries will be disqualified. Proof of delivery or receipt of a registration will not be deemed by Sponsor to be proof of receipt by Sponsor. Any attempted form of participation in the Sweepstakes other than as described herein is void. Any eligible individual who completes an on-line entry form will be entered in this Sweepstakes unless his/her parent or legal guardian requests that his/her entry be removed. All entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor reserves the right to cancel or to modify the Sweepstakes at any time if fraud or technical failures destroy the integrity of the Sweepstakes as determined by Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation. Attempts by an entrant to deliberately damage the Sweepstakes web site or undermine the legitimate operation of the Sweepstakes (including, but not limited to, any violations of these Official Rules) may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right (i) to disqualify any such entrant from the Sweepstakes and (ii) to seek damages from any such entrant to the extent permitted by law.
6. Drawings, Odds of Winning: The potential winners will be chosen by the Sponsor whose decisions are final and binding on all aspects of the Sweepstakes through a random drawing that will take place on or about February 21st, 2008. Odds of winning a prize depend on the number of eligible entries received. The selected Grand Prize potential winner will receive an email and a phone call explaining how to redeem the prize. Potential Canadian resident winners will be required to answer a Skill Testing Question which will be administered by email. Potential Canadian winners must reply to the Skill Testing Question email with the correct answer within seven (7) days of the date of receipt of the original email or thier entry will be deemed ineligible. Selected entrants must comply with all terms and conditions of the Official Rules, and winning is contingent upon fulfilling all requirements. Further, in all cases, the potential minor winner's parent/legal guardian must sign and return to Sponsor, within seven (7) days of the date of notice or attempted notice is sent, an affidavit of eligibility and release (US only) in order to claim his/her prize. A potential winner forfeits his/her prize if: the potential winner cannot be contacted due to improper, phone number, email address or mailing address submitted by potential winner; potential winner is ineligible under these Official Rules due to age or resident location; prize is returned as undeliverable; potential winner cannot otherwise be notified. In the event that a potential winner is deemed ineligible for any reason, Sponsor may, in its sole discretion, award the prize to an alternate winner.
7.
One (1) Grand Prize
- One (1) Grand Prize: One (1) Diamond Heart Pendant in Platinum (2 ct. tw.)
$3,250 USD - Diamond Heart Pendant in Platinum (2 ct. tw.)
Twenty-four brilliant round diamonds, prong-set in platinum form into the shape of a heart.
This piece is suspended from a platinum cable link chain with a lobster claw clasp. - TOTAL Grand Prize Approximate Retail Value: $3,250.00 USD
The Sweepstakes Entities (i) make no warranty, guarantee or representation of any kind concerning any prize; and (ii) disclaim any implied warranty. No substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize or prize component with another item of comparable or greater value. Winners are responsible for all taxes, costs, and fees associated with prize receipt and/or use that are not specified in the Official Rules. Any depictions of prizes are for illustrative purposes only.
8. General Conditions: Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering this Sweepstakes, entrants agree that the Sponsor may use the likeness, photograph, voice, name and last initial, city, state or province, and comments of winner in publicity or advertising in any medium (including the Internet or other interactive network) in perpetuity without further compensation or right of review, except where prohibited by law.
9. Winner Notification/Prize Award: Potential Winner will be contacted by phone and then U.S. mail and/or Email using the contact information provided at the time of entry. If any Potential Winner is found to be ineligible, declines to accept Prize, or in the event that Prize confirmation or Prize is returned undeliverable, or Sponsor is unable to contact a Potential Winner within a reasonable time period, the Prize will be forfeited and, at Sponsor’s discretion, an alternate Potential Winner may be selected. If any winner is at least 18 but still considered a minor in his/her state of residence, Prize may be awarded to such winner’s parent or legal guardian who will be required to fulfill all requirements imposed on winners set forth herein. Potential Winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Sponsor is not responsible if any Potential Winner notification is not received for any reason. For instance, Sponsor is not responsible if Potential Winner does not receive his or her winner notification or corresponding Prize because a fraudulent or bogus Email address or other inaccurate contact information was provided at the time of entry or if the Email it sends to a Potential Winner is misdirected or bounces back or is intercepted by SPAM or other Email filters. Potential Winner must execute and return to Sponsor, within five (5) days of date of being notified, an affidavit of eligibility and liability/publicity release (unless prohibited by law) and a W-9 Form in order to claim his/her Prize. If the Potential Winner cannot be contacted after a reasonable attempt to do so, fails to execute and return the affidavit of eligibility and liability/publicity release (unless prohibited by law) or W-9 Form within the specified time period, does not comply with these Official Rules or if Prize is declined or Prize notification is returned as undeliverable, he/she will be disqualified and, at Sponsor’s discretion, a runner-up may be notified. Sponsor will successively attempt to contact up to five (5) Potential Winners for the Prize in accordance with such procedure, and if there is still no confirmed Winner of the Prize after such attempts have been made, the Prize may go unawarded. In no event will more Prizes be awarded than listed in these Official Rules.
10. Release: By entering this Sweepstakes, entrant (and parent/legal guardian) agrees to release, indemnify, and hold harmless, Sweepstakes Entities from and against any claim or cause of action (including but not limited to, claims for any property loss, damage, personal injury or death) arising out of participation in the Sweepstakes or receipt or use of any of the prizes. Any and all issues concerning the validity, interpretation and enforceability of these Official Rules pertaining to the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, the laws of the United States and the Province of Ontario where applicable. Entrant (and parent/legal guardian) hereby acknowledges that Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize.
11. Disclaimer of Liability: Sweepstakes Entities are not liable for lost, late, stolen, defaced, mutilated, illegible, delayed, or misdirected entries, technical hardware or software failures of any kind, human error, lost or unavailable network connections, or failed, incomplete, or damaged entries, delayed computer transmission which may limit a user's ability to participate in the Sweepstakes in any way, even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes Entities are not responsible for any problems or the technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, software or hardware equipment, failure of any e-mail on account of technical problems, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or property related to or resulting from participation with this Sweepstakes.
12. Personal Information: Information collected from entrants is subject to the Privacy Policy for Kaboose Inc. (http://www.kaboose.com/privacypolicy.html). Entrants have the right to withdraw or correct their personal data. Entrants can make requests concerning their personal data, by sending a detailed email message to: contests@kaboose.com that must include all the original sign-up information provided.
13. Winners' List: Sweepstakes results, winner’s list, and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to Object of Desire Sweepstakes Winners/Official Rules" 1400 – 505 University Avenue Toronto, ON, Canada, M5G 1X3. Requests must be received by February 29th, 2008.
Conditions of Entry For the purpose of this Sweepstakes, Sweepstakes entries may be referred to herein as "entries" or individually as an "entry".
14. Entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and (ii) agree to be bound by the decisions of the Sponsor and judges, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. Entrants who have not complied with these Official Rules are subject to disqualification.
15. Releasees are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible, inaccurate, incomplete or delayed entries. Proof of transmission (screenshots or captures of upload etc.) does not constitute proof of delivery. All materials submitted in connection with this Sweepstakes become the property of Sponsor and in no case shall be returned to sender.
16. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
17. Sponsor reserves the right to disqualify any entrant’s registration in the Sweepstakes (and void all associated entries) or entitlement to Prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means).
18. If a dispute arises regarding who submitted an entry, entry will be deemed to be submitted by the authorized account holder of the Email address provided at time of entry provided he/she is eligible according to these Official Rules. Authorized account holder is defined as the natural person who is assigned to 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 Email address. In the case of an eligible minor, the potential winner’s parent or legal guardian may be the authorized account holder.
19. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree: (a) to release Sponsor, Administrator and other Releasees, from any and all liability, loss or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of the Prize or any travel related thereto, (b) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or the Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
20. By accepting a prize, the winner consents to Sponsor’s and its designees’ use of his/her name, city and state of residence, biographical information, voice, statements relating to the Sweepstakes or Sponsor, and photographs or other likenesses, for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification, except where prohibited by law.
21. Sponsor reserves the right, in its sole discretion to terminate, modify, cancel or suspend this Sweepstakes at any time, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper participation of the Sweepstakes and, if terminated, award the Prize from among all eligible, non-suspect Sweepstakes entries received up to time of cancellation via random drawing to award the advertised Prize. In no event will the Sponsor be liable for more than the stated number of Prizes available, as outlined in these Official Rules.
22. Releasees are not responsible for any problems that may arise in connection with or relating to the Sweepstakes, including but not limited to; (a) low sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents or the processing of entries; or (d) for any errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, network or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.
DISCLOSURES:
23. Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Entrant engaging in any of the foregoing activities may be disqualified and will forfeit any Prize won.
24. Under no circumstances, including negligence, shall the Releasees be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service, or out of any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY 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; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS.
25. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of the District of Columbia.
26. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
27. The invalidity or unenforceability of any provision of these Official 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 Official 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. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
28. Except as noted in these rules, information collected from entrant shall be used only for the purpose of Kaboose registration as well as administration of the Sweepstakes, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless entrant has elected to receive additional information and promotional material from Sponsor or a third party. By entering the Sweepstakes, you agree to all of the terms and conditions of Sponsor’s Privacy Policy, which is available at http://corporate.kaboose.com/privacy.html. In the event of any discrepancy between the Privacy Policy and these Official Rules, these Official Rules shall control and govern.
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