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Official Rules
1. NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST!
2. Introduction The "Win an iPod (RED) & be a Lifesaver #4" Sweepstakes (referred to herein as "The Sweepstakes") is run by Hillside Holdings on MyContestSite.com (referred to herein as "Sponsor") and may be offered in conjunction with multiple companies ("Partners"). The Sweepstakes is offered to legal residents of the United States who are at least eighteen (18) years old. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
3. Sweepstake Period The Sweepstakes begins on 12/7/2009 11:00:00 PM (Eastern -4) at which time entries will be accepted until 12/21/2009 9:00:00 PM (Eastern -4) (the "Sweepstakes Period"). All entries must be received during the Sweepstakes Period. One (1) winner will be drawn shortly after 12/21/2009 9:00:00 PM (Eastern -4).
4. Eligibility The Sweepstakes is only open to legal residents of the United States who are eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Sponsor or Partners, their immediate families (spouses, parents, grandparents, children, siblings, civil union partners) and household members of such employees, officers and directors are not eligible.
a. Entrant must have an active Twitter.com account (defined as an account that has followers and is following other Twitter.com accounts, sends unautomated tweets out on a regular basis and abides by the Twitter.com Terms of Service) and grant Sponsor's Twitter.com application OAuth access (defined as being allowed to perform all actions that are available through the Twitter.com OAuth API on entrants behalf) to their account. Only one Twitter.com account per entrant may be used to participate in The Sweepstakes. Multiple entrants are not permitted to share the same Twitter.com account.
b. Entrant must participate in The Sweepstakes manually. No scripts, "bots" or other automated processes are allowed to create an entry into The Sweepstakes. Any entry that is created using such a process will be considered invalid.
c. Entrant must use a modern browser with cookies and JavaScript enabled in order for entry to be processed properly.
5. Compliance By participating, entrant agrees to abide by these Official Rules, and the decisions of Sponsor, which are final and binding in all respects.
6. How to Enter
a. Initial Entry Follow instructions on The Sweepstakes webpage http://www.mycontestsite.com/Contest/4/Win-an-iPod-RED-be-a-Lifesaver.aspx to begin the entry process using the web page. This entry requires OAuth permission to be granted (if it hasn't been already) for Sponsor's Twitter.com application to access entrant's Twitter.com account. Entrant can only create one (1) entry using this process. During this process a message is sent out on behalf of entrant through their Twitter account. This message is not required for entry and can be turned off by adjusting Account Settings http://www.MyContestSite.com/Account/Settings/.
b. Subsequent Entry Each entrant is assigned a special URL assigned to their Initial Entry ("Entrant URL"). Any new person creating a valid Initial Entry through Entrant URL will also give entrant an extra entry into The Sweepstakes.
c. Overall Entries All entries into The Sweepstakes are limited to the first ten (10) entries.
d. Revocation of Access OAUTH permission can be revoked at any time by logging in to Twitter and going to: http://twitter.com/account/connections
7. Selection of Winner One (1) winner will be randomly selected by Sponsor in a drawing from all eligible and valid entries received. Odds of winning depend on the number of entries received. Winner's Twitter.com username will be announced within seven (7) days of the drawing by sending a public announcement message along with a "reply" to Winner's Twitter.com username from Sponsor's Twitter.com account MyContestSite. Winner can claim prize by going to the URL included in the announcement message and following instructions on that page. To claim prize Winner may be required to show proof of being the authorized account holder as well as complete an affidavit of eligibility, and a liability and publicity release. Winner will have seven (7) days from the time of announcement to claim prize. If Winner does not accept prize, fails to claim prize or fails to meet any eligibility requirement herein, an alternate winner will be chosen using the same process and will have to meet the same requirements.
8. Publicity Release Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's use of winners' names, likenesses, photographs, voices, biographical data and public Twitter.com account information for any purpose, in any media, unless prohibited by law.
9. Limitations of Liability BY RECEIVING ANY PRIZE, WINNER RELEASES, INDEMNIFIES AND HOLDS HARMLESS SPONSOR AND PARTNERS, THEIR RESPECTIVE PARENTS, AFFILIATED, SUBSIDIARIES AND SUCCESSOR COMPANIES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, ADVERTISING AGENCIES AND PROMOTIONAL SPONSORS (THE "RELEASED ENTITIES") FROM AND AGAINST ANY AND ALL DAMAGES, HARM, EXPENSE, LIABILITY OR INJURY THAT MAY BE SUSTAINED RELATING TO OR ARISING FROM PARTICIPATION IN THE SWEEPSTAKES OR ACCEPTANCE OR USE OF THE PRIZE.
10. PrizeOne (1) winner will receive 16GB iPod (Product) RED. There are no other prizes. The prize is non-transferable. There may be no substitutions of prize by winner. However, Sponsor reserves the right to substitute with cash prize of $179 (US) or similar prizes of equal or greater value in the event the above prize is unavailable for any reason. Winner is solely responsible for all applicable transfer fees as well as federal, state and local taxes with respect to entire prize. Cash prizes will be paid via PayPal.com to a PayPal account the winner controls. No other payment method will be made for cash prizes.
11. Unforeseen Events Sponsor reserves the right to change The Sweepstakes at its sole discretion at any time that Sponsor become aware of any circumstances or occurrence which would materially affect The Sweepstakes security or fairness. Sponsor reserves the right to announce any rules changes to The Sweepstakes.
12. Entry Responsibility Released Entities shall not be responsible for any incorrect or inaccurate information, whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; lost, stolen or late entries; for unauthorized access to entries; or for any human error, technical failures of any kind, including, but not limited to interruptions, malfunction, delay in operation or transmission, lost data, omission, interruption, deletion, defect, communications line failure, computer equipment, software, inability to access any web site or online service, or any other error or malfunction, unauthorized human intervention in any part of the entry process or the Sweepstakes; or other technical or human error which may occur in the administration of the Sweepstakes or the processing of entries, or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes. Proof of submitting an entry will not be deemed to be proof of receipt by Sponsor.
13. Interpretation Sponsor is entitled to interpret these rules as needed including but not limited to rules regarding Sweepstakes Period, selection of winner, entry, eligibility and restrictions on the prize. All decisions of Sponsor are final. By entering The Sweepstakes you agree to these conditions.
14. Winners List Requests for Winner List will only be honored after the Sweepstakes Period has ended and no later than six (6) months after that. To see the winner visit the webpage of The Sweepstakes at http://www.mycontestsite.com/Contest/4/Win-an-iPod-RED-be-a-Lifesaver.aspx
15. Disputes Entrant agrees that
a. Except to the extent applicable law, if any, provides otherwise, this Agreement and the Contest will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be alternative dispute resolution in Los Angeles County, California. ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE AND HEREBY SUBMITS TO THE JURISDICTION AND DISPUTE RESOLUTION STATED HEREIN.
b. Any and all disputes, causes of action connected with or arising out of this Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles California, in the English language and the arbitral decision may be enforced in any court.
c. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall either party be entitled to attorneys' fees.
d. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
e. Some jurisdictions do not allow the limited or exclusion of liability for incidental or consequential damages. The above only applies if your jurisdiction does not prohibit this.
16. Miscellaneous The Sweepstakes is subject to all applicable federal, state, and local laws. Void where prohibited. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be 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. Entries that are lewd, obscene, pornographic, disparaging of the Sponsor or otherwise contain objectionable material may be disqualified in the Sponsor's sole and unfettered discretion. Sponsor may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
17. Contest Sponsorship This contest is sponsored by Hillside Holdings, 7119 West Sunset Boulevard #192, Los Angeles, California 90046.