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Official Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
1. PROMOTION SPONSORS.
The Sponsors of the Promotion are Red Tricycle, Inc. with an address of 40 Marina Vista Ave, Larkspur, CA 94939
2. PROMOTION PERIOD.
Promotion begins on October 15, 2009 and ends on December 1, 2009 .
This promotion (the “Promotion”) is only open to legal residents of the 50 United States and District of Columbia over the age of 18. Officers, directors, members, and employees of the Sponsors, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and their immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, are not eligible to win. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
4. HOW TO ENTER.
Enter mandatory information on sign-up form. After signing-up, you are automatically be entered into the Promotion. AN ENTRY REQUIRES you to enter via redtri.com. Entries not in compliance with these Official Rules are disqualified. Ecofabulous shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter. All entry information and materials become the property of ecofabulous and will not be returned.
5. WINNER SELECTION AND NOTIFICATION.
A winner will be selected at random from the list of entrants. Any potential winner will be notified by email. If a potential winner cannot be contacted, does not respond within seven (7) days from the date the Sponsors first tries to notify him/her, and/or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected at random. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the “winner” of the Promotion.
6. PRIZE DESCRIPTION.
A one-of-a-kind custom-designed tricycle created by Todd Davis (HGTV, epic-spaces.com) The prizes cannot be redeemed for cash and may not be substituted or transferred by the winners.
All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility; Sponsors shall not be liable for any such taxes.
8. ODDS OF WINNING.
The odds of winning this Promotion depend on the number of eligible entries received. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
9. NO PRIZE TRANSFER OR SUBSTITUTION.
No prize or any portion thereof is transferable or redeemable for cash or any other instrument of value. Any portion of the prize that is not used is forfeited. There will be no substitutions for this prize.
10. CONSENT AND RELEASE.
By entering the Promotion, each participant warrants that he or she has read and agrees to abide by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. By entering the Promotion, each entrant releases and discharges the Sponsors, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsors Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsors and/or others authorized by the Sponsors; (ii) acceptance of a prize constitutes a release by any winner of the Sponsors Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility and a liability/publicity release
(i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsors servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsors, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsors. (iii) Sponsors further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsors Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) SPONSORS ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. APPLICABLE LAWS AND JURISDICTION.
This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
Special Notification for California Residents
Individual customers who reside in California and have provided their personal information to Red Tricycle. may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at one of the following addresses: firstname.lastname@example.org. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the addresses specified in this paragraph.
13. PRIZE DRAWING.
The winner(s) will be determined by a random selection conducted by ecofabulous from among all eligible entries on or around December 1, 2009. The random selection(s) will be conducted at 40 Marina Vista Ave, Larkspur, CA 94939. All results of the selection(s) are final and binding, provided however, that if by reason of a printing or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a further random selection to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded. below.
14. NOTIFICATION OF WINNER(S)
Attempts to notify the winner(s) will be made by email or first class mail within thirty (30) days of the random selection process described herein. Sponsors are not responsible for lost, stolen, late or misdirected mail or delivery problems of any kind. If unable to make contact with a winner within thirty (30) days after Sponsors first attempts to notify the winner, or if a winner fails to claim the prize within thirty (30) days after Sponsors first attempts to notify the winner, the prize may be forfeited and awarded to an alternate winner.
15. WINNER’S LIST.
To be notified of the name of the winner(s), mail a self-addressed, stamped envelope, to be received by Dec 1, 2009 to: Red Tricycle, 40 Marina Vista Ave, Larkspur, CA 94939.
17. LIMITATIONS OF LIABILITY.
Sponsors are not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Sponsors are not responsible for injury or damage to participant’s or to any other person’s computer related to or resulting from participating in this Promotion or downloading or copying materials from or use of the web site. If, for any reason, the Promotion is not capable of running as planned by reason, for example but not limited to, of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsors, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsors reserve the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select the winner from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsors . IN NO EVENT WILL SPONSORS OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.redtri.com OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED 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 OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
18. TERMINATION OF PROMOTION; MODIFICATION OF RULES
Sponsors reserve the right to terminate the Promotion or modify any rules as necessary for any reason or as required by applicable law. Sponsors reserve the right, at its sole discretion, to disqualify any person it believes to have intentionally violated these Official Rules or tampered with any element of the Promotion without notice to the disqualified person.