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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 chance of winning.
CONSUMER DISCLOSURE
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA
WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY
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 PERIOD. Promotion begins November 1, 2009 and ends at March
15, 2010 at 11:59 p.m. PST, when all entries must be received ("Promotion
Period").
2. ELIGIBILITY. This sweepstakes (the "Promotion") is only open to legal
residents of the 50 United States and District of Columbia who are at least 18
years old as of the date of entry, except officers, directors, members and
employees of the Sponsor, the judging organization (if applicable), or any other
party associated with the development or administration of this Promotion, and
the immediate family (i.e., parents, children, siblings, spouse), and persons
residing in the same household, as such individuals. This Promotion is void
outside the 50 United States and the District of Columbia, and where prohibited.
3. HOW TO ENTER. Visit www.xtempozone.com during the Promotion Period and
follow the instructions to complete and submit the entry form. All entries
become the property of the Sponsor and will not be acknowledged or returned.
Limit: One entry per person and per household address during the Promotion
Period. All entrant information, including e-mail addresses, is subject to the
respective Privacy Policy of the Sponsor.
4. WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by
random drawing from all eligible entries on or about March 17, 2010 (the "Drawing
Date"). Any potential winner will be notified by email. If a potential winner
cannot be contacted, does not respond within five (5) days from the date the
Sponsor 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. 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.
5. PRIZE DESCRIPTION. The draw prize is
one (1) X-Tempo POK wireless foot controller model number PS-100-M with
approximate retail value of $399.
6. TAXES. All federal, state and/or local income and other taxes, if any, are
the winner's sole responsibility.
7. ODDS OF WINNING. The odds of winning this Promotion depend on the number of
eligible entries received.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is
transferable or redeemable for cash. Any portion of the prize that is not used
is forfeited. No substitutions for prize except by Sponsor, in which case a
prize of equal or greater value will be substituted.
9. CONDITIONS OF PARTICIPATION AND VALIDATION OF ENTRIES. Entries generated by a
script, macro, robotic or other automated means will be disqualified. USE OF
COMPUTER PROGRAMS TO ENTER AND/OR OTHER AUTOMATIC ENTRY METHODS (SUCH AS HACKS
OR BOTS), REGARDLESS OF METHOD OF ENTRY, IS STRICTLY PROHIBITED. Sponsors
reserve the right to disqualify, and block or discard any entries from any
individual who enters by any kind of electronic, mechanical or other automated
means or otherwise tampers with or hacks the entry process as determined by the
Sponsors in their sole discretion. Sponsors also reserve the right, in their
sole discretion, to cancel, modify or suspend the Internet, electronic and/or
text-messaging portions of the Promotion in the event of a computer virus, bugs,
tampering, unauthorized intervention, fraud, technical or system failure or
disruption, force majeure or any other causes which, in their sole opinion,
corrupt the administration, security, fairness, integrity, or proper operation
of the Promotion.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY
DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE
FULLEST EXTENT PERMITTED BY LAW.
10. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and
discharges the Sponsor 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, employees, independent contractors, agents,
representatives, successors and assigns (collectively, "Sponsor 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 Sponsor and/or others authorized by
the Sponsor;
(ii) acceptance of a prize constitutes a release by any winner of the Sponsor
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
(including social security number) and a liability/publicity release; and
11. DISCLAIMERS.
(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 Sponsor's 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) Sponsor, 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 Sponsor.
(iii) Sponsor 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) Sponsor 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) SPONSOR 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, SPONSOR 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.
13. WINNER LIST. For a list containing the name of the winner, send a
self-addressed stamped envelope, within six (6) months of the Drawing Date, to:
Winner List, "The Great POK Draw," X-Tempo Designs LLC, P.O. Box
351446, Los Angeles, CA 90035.
14. SPONSORSHIP. This Promotion is sponsored by X-Tempo Designs LLC, P.O. Box
351446, Los Angeles, CA 90035 (individually and collectively, the "Sponsor").
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