FOR
PERSONS WHO ENTER THE SWEEPSTAKES THROUGH THIS CREATIVE
PRESENTATION, THESE OFFICIAL RULES GOVERN ALL ASPECTS OF
PARTICIPATION AND PRIZE AWARD.
1.
Introduction.
The Net 10 National Audition Sweepstakes/Grand Prize Drawing
("Sweepstakes") is sponsored by ePrize, LLC, One ePrize
Drive, Pleasant Ridge, Michigan 48069 ("Sponsor"). The
Sweepstakes is offered in conjunction with multiple
companies ("Promoters") through different Web sites
("Creative Presentations"), announcing many different
prizes. The Promoter for this particular Creative
Presentation is TracFone Wireless, Inc., 8390 N.W. 25th
Street, Miami, Florida 33122. One (1) winner will be
selected in a random drawing from among all entries received
across all Creative Presentations. The prize for which an
entrant is eligible depends on the Creative Presentation
through which the entrant entered the Sweepstakes. Void
where prohibited.
ONLY ONE
(1) PRIZE ACROSS ALL CREATIVE PRESENTATIONS WILL BE AWARDED
IN THE SWEEPSTAKES.
2. Timing.
The Sweepstakes begins on April 9, 2007 at 12:00:01 a.m.
Pacific Time ("PT") and ends on September 14, 2007 at
11:59:59 p.m. PT("Promotion Period"). Various Creative Presentations may be added
throughout the Promotion Period. Sponsor’s computer is the
official time-keeping device for this Sweepstakes.
3. Eligibility.
The Sweepstakes is open to legal residents of the fifty (50)
United States (including the District of Columbia) who are
at least thirteen (13) years old at the time of entry.
Employees, officers and directors of Sponsor, Promoter, Opus
One Inc. (d/b/a ContestFactory.com), and their respective
parents, subsidiaries, and agents, as well as the immediate
family (defined as parents, spouse, children, siblings and
grandparents) and household members of each such employee,
officer and director are not eligible. By participating,
entrant agrees to abide by these Official Rules and the
decisions of Sponsor, which are final and binding in all
respects. All applicable federal, state, and local laws
apply.
4. To Enter.During the Promotion Period, visit
www.Net10NationalAudition.comand
follow the links and instructions to register. After you
have completed and submitted the registration, a
confirmation email will be sent to the email account you
provided upon registration. Login to that email account,
locate the email sent from www.Net10NationalAudition.com,
open the email and follow the links and instructions to gain
access to the voting component of the Sweepstakes. After
successfully accessing the voting component, you
automatically will receive fifty (50) Sweepstakes entries.
During the Voting Phase, you will be prompted to vote for
your favorite contestants in the Net 10 National Audition
Contest. The Net 10 National Audition Contest will consist
of a series of matches between contestants (number of
matches to be determined by Promoter, in its sole
discretion). Limit: You are allowed one (1) vote
during each match, and can vote in any or all matches
available during the Voting Phase. You will receive ten
(10) Sweepstakes entries for each valid vote you submit
during each Voting Phase. Limit: Each participant may receive a maximum of three
thousand (3,000) entries during the Promotion Period. All
entries must be received during the Promotion Period. In
the event of a dispute as to the identity of an online
entrant, the authorized account holder of the email address
used to enter will be deemed to be the entrant. Potential
winners may be required to show proof of being the
authorized account holder. The "authorized account holder"
is the natural person assigned to an email address by an
Internet service provider, online service provider or other
organization responsible for assigning email addresses for
the domain associated with the submitted address. Multiple
participants are not permitted to share the same email
address. Any
attempt by any entrant to obtain more than the stated number
of entries by using multiple/different email addresses,
identities, registrations and logins, or any other methods
will void that entrant’s entries and that entrant may be
disqualified.
All entries become the exclusive property of Sponsor and the
applicable Promoter and will not be acknowledged or
returned. Proof of sending will not be deemed to be proof
of receipt by Sponsor.
5. Selection of Potential Winners.
Sponsor will randomly select one (1) Promoter's Creative
Presentation from among all Creative Presentations and will
then select one (1) potential Grand Prize Winner from among
all eligible entries received through the selected Creative
Presentation, on or about October 31, 2007. The potential
Grand Prize winner will be notified by mail and/or email
within ten (10) days of the drawing. Except where
prohibited, potential winner must
execute and return to Sponsor, within ten (10) days of being
notified, an Affidavit of Eligibility, Liability & Publicity
Release in order to claim his/her prize. If potential Grand
Prize winner is a minor in his/her state of residence,
his/her parent/legal guardian will accept the prize on
his/her behalf. If the potential Grand Prize winner cannot
be contacted within ten (10) days of the first attempt to
contact him/her or if he/she fails to sign and return the
Affidavit of Eligibility, Liability & Publicity Release
within the required time period, an alternate entrant will
be selected at random from among all eligible entries
received for the selected Creative Presentation. Only three
(3) alternate drawings will be held, after which the prize
will remain un-awarded. Each potential Grand Prize winners
must comply with all terms and conditions of these Official
Rules and winning is contingent upon fulfilling all
requirements.
6. Prizes.Grand Prize: One (1) Grand Prize will be awarded.
The prize for which an entrant is eligible depends on the
Creative Presentation through which he/she entered.
Accordingly, the Grand Prize for a winner who entered
through this Creative Presentation will be $10,000.
Approximate Retail Value: $10,000. No substitution,
assignment or transfer of prize permitted, except as
authorized by Sponsor and Promoter, in their sole
discretion. Sponsor and Promoter reserve the right to
substitute the prize with another prize of greater or equal
value. Winner is solely responsible for any and all
applicable fees and taxes associated with prize receipt and
use. The odds of this Creative Presentation being selected
depend on the total number of Creative Presentations. If
this Creative Presentation is selected, the odds of winning
depend on the number of entries received through this
Creative Presentation.
7.
Publicity. Except
where prohibited, participation in the Sweepstakes
constitutes winner's consent to Sponsor and Promoters’ use
of winner's name, likeness, voice, opinions, hometown and
state for promotional purposes in any media without further
payment or consideration.
8.
General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify
or suspend the Sweepstakes should virus, bugs, unauthorized
human intervention, technical failures or any other factor
beyond Sponsor's reasonable control corrupt the
administration, security, fairness, integrity or proper
operation of the Sweepstakes. In such event, Sponsor
reserves the right to award the prize, at random, from among
the eligible entries received up to the time of impairment.
Sponsor and Promoter reserve the right in their sole
discretion to disqualify any individual they find to be
tampering with the entry process or the operation of this or
any other Sweepstakes or to be acting in violation of these
Official Rules or those of any other promotion, or in an
unsportsmanlike or disruptive manner. Any attempt by any
person to deliberately damage Sponsor's or any Promoter's
Web site or undermine the legitimate operation of this
Sweepstakes may be a violation of criminal and civil laws,
and, should such an attempt be made, Sponsor and Promoters
reserve 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.
9.
Release.By receipt of any prize, winner agrees that Sponsor,
Promoter, TracFone Wireless, Inc., Opus One, Inc. (d/b/a
ContestFactory.com), their respective parents, subsidiaries
and affiliated companies, and the agents, employees,
directors and officers of these companies, are not liable
whatsoever for any injuries, losses or damages of any kind
resulting in whole or in part, directly or indirectly, from
the acceptance, possession, use or misuse of any prize or
from winner's participation in the Sweepstakes.
10.
Limitations of Liability. Sponsor, Promoter, TracFone Wireless, Inc. and Opus One,
Inc. (d/b/a ContestFactory.com) are not responsible for: (1)
incorrect or inaccurate transcription of entry information
or late, lost, stolen, illegible, incomplete, misdirected or
postage-due entries or entries received through
impermissible or illegitimate channels, all of which will be
disqualified; (2) technical failures of any kind, including
but not limited to the malfunctioning of any telephone,
computer, network, hardware or software; (3) the
unavailability or inaccessibility of any Web site or
service; (4) unauthorized human intervention in any part of
the entry process or the Sweepstakes; (5) electronic or
human error which may occur in the administration of the
Sweepstakes or the processing of entries;
(6) late, lost, undeliverable, damaged
or stolen mail; or (7) any injury or damage to persons
or property, including but not limited to entrant's
computer, which may be caused, directly or indirectly, in
whole or in part, from entrant's participation in the
Sweepstakes or from downloading any material from Sponsor's
or Promoter's Web site(s), regardless of whether the
material was prepared by Sponsor, Promoter or a third party,
and regardless of whether the material is connected to
Sponsor's or Promoter's Web site by a hypertext link. If
for any reason an entrant's entry is confirmed to have been
erroneously deleted, lost, or otherwise destroyed or
corrupted, entrant’s sole remedy is another entry in the
Sweepstakes, provided that, if it is not possible to award
another entry due to discontinuance of the Sweepstakes, or
any part of it, for any reason, Sponsor, at its discretion,
may elect to hold a random drawing from among all eligible
entries received up to the date of discontinuance for any or
all of the prizes offered herein. No more than the stated
number of prizes will be awarded. In event that production,
technical, seeding, programming or any other reasons cause
more than the stated number of prizes as set forth in these
Official Rules to be available and/or claimed, Sponsor
reserves the right to award only the stated number of prizes
by a random drawing among all legitimate, un-awarded,
eligible prize claims.
11.
Disputes. Entrant
agrees that: (1) any and all disputes, claims, and causes
of action arising out of or connected with this Sweepstakes,
or any prizes awarded, shall be resolved individually,
without resort to any form of class action, and exclusively
by the United States District Court for the Eastern District
of Michigan (Southern Division) or the appropriate Michigan
State Court located in Oakland County, Michigan; (2) any and
all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, including costs associated
with entering this Sweepstakes but in no event attorneys'
fees; and (3) 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. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE MAY NOT APPLY TO YOU. All issues and questions
concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and
obligations of entrant, Sponsor and Promoter in connection
with the Sweepstakes shall be governed by, and construed in
accordance with, the laws of the State of Michigan, without
giving effect to any choice of law or conflict of law rules
or provisions (whether of the State of Michigan, or any
other jurisdiction), which would cause the application of
the laws of any jurisdiction other than the State of
Michigan.
12. Data
Collection.
Sponsor and Promoters collect personal information from you
when you enter the Sweepstakes. The information collected
is subject to the Sponsor’s Privacy Policy, located at
http://www.eprize.com/privacy/privacypolicy.html.
Information collected may also be subject to the Promoter’s
Privacy Policy, located
here.
13.
Winner List/Official Rules.
For name, city and state of the prize winner and/or a set of
these Official Rules, send a self-addressed, stamped
envelope to "Net 10 National Audition Sweepstakes/Grand
Prize Drawing Winner [and/or] Rules Request,” c/o ePrize,
LLC, P.O. Box 8070, Royal Oak, MI
48068-8070. Requests for winner list must be
received by January 31, 2008. Residents of Vermont may
exclude return postage for Official Rules.