OFFICIAL SWEEPSTAKES RULES
1. INTRODUCTION
Jones MediaAmerica (“Sponsor”) is offering the New Line Cinema Texas Chainsaw Massacre DVD Giveaway (“Sweepstakes”). NO PURCHASE OR OBLIGATION IS NECESSARY. By entering this Sweepstakes, entrants agree to abide by all terms of these Official Sweepstakes Rules and the decisions of Sponsor and New Line Cinema, whose decisions shall be final and binding. VOID WHERE PROHIBITED.
2. Eligibility
Limit of one (1) entry per person at www.TheBakaBoyz.com. Sweepstakes is open only to individuals who are 18 years of age or older and legal residents of the contiguous United States at the time of entry. Individuals who have won a prize from Sponsor within 180 days (6 months) prior to January 21, 2007 are NOT eligible. Employees of New Line Cinema and Jones MediaAmerica, Inc. and their respective parents, subsidiaries and affiliates and each of their officers, directors, shareholders, employees, advisors, accountants, attorneys, assignees, agents, licensees, representatives and any other person or entity associated with this Sweepstakes, including their advertising and promotional agencies (collectively, “Sweepstakes Entities”), and their immediate family members (defined as parent, spouse, child, siblings and grandparents) are NOT eligible. By entering this Sweepstakes, entrants agree to waive any and all claims against Sweepstakes Entities for personal injury, damage or loss of any kind which may result from participation in the Sweepstakes or from the receipt, enjoyment, ownership, use or misuse of any prize.
3. HOW TO ENTER
To enter, click on the Texas Chainsaw Massacre logo on www.TheBakaBoyz.com and fill out the official online entry form. The Sweepstakes begins at 12:01 a.m. Eastern Time on January 15, 2007 and ends at 11:59:59 p.m on January 21, 2007, Eastern Time (“Sweepstakes Period”). No responsibility is assumed by Sweepstakes Entities for lost, late or misdirected entries or for any computer, online, telephone or technical malfunctions that may occur. Entries will be deemed submitted by the authorized account holder of the email address through which the entry was submitted. "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 (including, without limitation, a business or educational institution) that is responsible for assigning email addresses. All entries become the property of Sponsor and will not be returned to entrants.
4. Winner Selection
Twenty (20) winners will be selected by random drawing on or about January 22, 2007 from all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received.
5. Prize
Twenty (20) randomly-chosen entrants will each win a Texas Chainsaw Massacre DVD (ARV: $15.98).
6. WINNER NOTIFICATION
Sponsor will attempt to notify prospective winners by email on or about January 23, 2007. If a potential winner cannot be contacted within three (3) business days of the first attempted contact, or if eligibility requirements are not met, a prospective winner may be deemed ineligible, and an alternative prospective winner will be selected at random from all eligible entries received. This winner selection process will continue until all winners are determined.
7. General Conditions
This Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Entrants grant to Sweepstakes Entities the right to use and publish their proper name, city and state online and in print or any other media, in connection with the Sweepstakes. Acceptance of a prize constitutes permission for Sweepstakes Entities to use winners’ name and likeness for advertising and promotional purposes without additional compensation unless prohibited by law. Sweepstakes Entities reserve the right to disqualify any entry or entries, or any individual, they find to be tampering with the entry process or the operation of the game or website; to be acting in violation of these Official Sweepstakes Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THESE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Limitations of Liability
If for any reason the Sweepstakes is not capable of running as planned due to any Internet or software-related problem, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sweepstakes Entities which corrupts or affects the administration, security, fairness, integrity or proper conduct of these Sweepstakes, Sweepstakes Entities reserve the right to disqualify any individual who causes any such problem, and to cancel, terminate, modify or suspend the Sweepstakes. Sweepstakes Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of entries. Sweepstakes Entities are not responsible for any problem or technical malfunctions of any telephone network or lines, computer online systems, servers or provider, computer equipment, software, failure of any email or entry to be received by Sweepstakes Entities on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes.
Sweepstakes Entities are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed transmissions which may limit an entrant's ability to participate in the Sweepstakes or damage entrant’s system as a result of participation in the Sweepstakes or downloading any information necessary to participate in the Sweepstakes. Sweepstakes Entities also are not responsible for misdirected, lost, late, illegible, forged, destroyed, or incomplete entries, or entries not otherwise in compliance with these Official Sweepstakes Rules.
By entering this Sweepstakes, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs, associated with entering the Sweepstakes, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to, punitive, incidental or consequential damages and/or any other damages other than actual out-of-pocket expenses.
Each winner, by accepting a prize, agrees to release and hold harmless Sweepstakes Entities from any and all liability, claims or actions of any kind whatsoever, which may result from the receipt, enjoyment, ownership or use or misuse of such prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he/she has somehow been defamed or portrayed in a false light).
Sweepstakes Entities do not assume any responsibility for any schedule changes in the Sweepstakes timeline, including without limitation, scheduling conflicts, labor strikes, Acts of God, or other unforeseen events that disrupt the Sweepstakes schedule. Sweepstakes Entities reserve the right to cancel, modify, or suspend this Sweepstakes.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. 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. EACH PERSON WHO PARTICIPATES IN THIS SWEEPSTAKES AGREES THAT THE STATE AND FEDERAL COURTS LOCATED IN DENVER, COLORADO SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
9. WinnerS List
For a list of winners, send a self-addressed, stamped envelope to: New Line Cinema Texas Chainsaw Massacre DVD Giveaway, 1133 Avenue of the Americas, 11th Floor, New York, NY 10036. Requests must be received no later than March 31, 2007. Allow 2-4 weeks for delivery.
10. Sponsor
Jones MediaAmerica, Inc., 1133 Avenue of the Americas, 11th Floor, New York, NY 10036
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