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OFFICIAL
RULES and TERMS AND CONDITIONS AGREEMENT
ContemporaryFurniture.com
$300 Gift Certificate Promotion
The ContemporaryFurniture.com
$300 Gift Certificate Promotion (the "Promotion") is sponsored
and conducted by Advance Furniture, Inc., a New York corporation (the
"Sponsor"). BY REGISTERING FOR THE PROMOTION (AS DESCRIBED HEREIN),
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS OFFICIAL RULES AND TERMS AND CONDITIONS
AGREEMENT (THIS "AGREEMENT") AND ACCEPT THE FOLLOWING TERMS
AND CONDITIONS, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING
TO THE PROMOTION. BY REGISTERING FOR THE PROMOTION (AS DESCRIBED HEREIN),
YOU AGREE THAT YOU MAY BE PLACED ON A MAILING LIST TO RECEIVE ADVERTISING,
PROMOTIONAL OR OTHER MATERIALS.
1. THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE CONTINENTAL
UNITED STATES ONLY AND SHALL BE CONSTRUED ONLY ACCORDING TO UNITED STATES
LAW. PERSONS RESIDING IN OTHER JURISDICTIONS ARE NOT ELIGIBLE TO WIN ANY
PRIZES IN CONNECTION WITH THIS PROMOTION.
2. THE PROMOTION IS A GAME OF CHANCE. WINNERS WILL BE DETERMINED BY THE
CRITERIA SET FORTH HEREIN. From all eligible entries received during each
Promotion Period (defined below) one (1) winner will be selected at random
as set forth below. The Promotion may not be used in any form of gambling.
3. TERMS
Entries for the Promotion will be accepted beginning December 15, 2003,
at 6:00 a.m. EST, with the first drawing January 5, 2003, at 12:00 p.m.
EST (the "Initial Period") and thereafter during each monthly
period (each a "Subsequent Promotion Period") following the
end of the Initial Period (or any Subsequent Promotion Period, as applicable)
until December 3, 2004, or such other time as the Sponsor officially announces
the termination of the Promotion. Each monthly period during the term
of the Promotion (including the Initial Period and each Subsequent Promotion
Period) is referred to herein as a "Promotion Period." Each
Promotion Period will begin at 6:00 a.m. EST on the first day following
the last day of the previous Promotion Period and will end at 12:00 p.m.
on the last day of such Promotion Period. The sole determinant of time
for purposes of this Promotion will be the Sponsor.
4. ELIGIBLE ENTRIES
NO PURCHASE IS REQUIRED TO ENTER. In addition to terms provided elsewhere
in this Agreement, the Promotion is offered electronically via the Internet
only to legal residents of the United States (excluding where prohibited
by law) who are residing in the United States at the time of entry and
who have Internet access as of the date of entry.
To be eligible to enter the Promotion, each Entrant must register, free
of charge, at any time during the Promotion Period, to receive Sponsor's
electronic mail newsletter service by visiting the Sponsor's web site
located at http://www.contemporaryfurniture.com (the "Site"),
and following the prompts to sign up for the ContemporaryFurniture.com
newsletter on the Site. Each Entrant may enter only one (1) time; Multiple
entries from the same Entrant will disqualify all entries by such Entrant.
Entries generated by a script, macro or other automated means are null
and void and will be disqualified. Persons under the age of 18 as of the
date of entry of the Promotion may not enter the Promotion. Employees,
agents, successors and assignees of the Sponsor, its advertising agencies
and promotional companies involved in the Promotion, as well as family
and household members of each of the foregoing, shall be ineligible to
participate in the Promotion and shall be ineligible for any prize described
herein.
5. HOW TO ENTER
An "Entrant" is any individual who registers by completing the
required sections of the online registration form to sign up for Sponsor's
electronic mail newsletter service located at the Site (as described above)
and meets all other eligibility requirements described herein. [No Entrant
may enter the Promotion more than once.]
Entries will be accepted only via the Site . An entry will not be valid
unless all of the required fields of the online registration form are
completed, as described herein. Once an entry is submitted, it may not
be changed. Each entry must contain, and no entry will be complete or
accepted unless it contains, the Entrant's first and last name, email
address, age, and an acknowledgement that the Entrant has read, understands
and agrees to the terms and conditions of this Agreement. All other entries
will be ineligible. All entries become the property of the Sponsor and
will not be returned to any Entrant.
In the event of a dispute about the identity of an Entrant, entries made
online will be declared made by the authorized email account holder at
time of entry of the email address from which the entry was received.
The authorized email 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 that is responsible for assigning
e-mail addresses for the second level domain name associated with the
submitted e-mail address. The potential winner may be required to provide
the Sponsor with proof that he or she is the authorized account holder
of the e-mail address associated with the winning entry. If a dispute
cannot be resolved, the entry will be deemed ineligible.
6. PRIZE AND WINNER SELECTION
On or about 12:01 p.m. EST on the last day of each applicable Promotion
Period, one (1) winning Entrant (each month a "Winner") will
be selected by random drawing (each a "Drawing") from the pool
of eligible Entrants (as defined herein). Each Winner will receive a $300
gift certificate to purchase any goods available at the ContemporaryFurniture.com
internet site within six (6) months of notification, or another prize
of equal value, as determined by the Sponsor, with an estimated retail
value of Three Hundred Dollars ($300).
Odds of winning a Prize depend on the number of entries received. Except
as expressly provided in this Agreement, a Prize is not transferable or
redeemable and no substitution of a Prize is permitted. The Sponsor will
not replace any lost or stolen Prize items.
ANY PRIZE IS AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL FEDERAL, STATE,
LOCAL OR OTHER TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE
THE SOLE RESPONSIBILITY OF THE WINNER.
The name of the Winners will be posted online on the Site and the Winners
will be notified by electronic mail, telephone, U.S. Mail or commercial
courier within seven (7) days after the date on which the Winners are
selected as the Winners by the Sponsor. Each Winner must sign and return
an affidavit of eligibility and publicity (unless prohibited by law) and
liability releases within fourteen (14) days following attempted notification.
Noncompliance with these requirements or any other term herein will cause
such Winner to be disqualified and an alternate winner to be selected.
Any prize notification returned as undeliverable will result in disqualification
of the intended recipient of such notification and selection of an alternate
winner. By accepting any Prize, the Winner releases the Sponsor, its parents,
affiliates, subsidiaries, advertising and promotion agencies and its directors,
officers, office employees and agents, from any and all liability, loss
or damage incurred with respect to all aspects of the Promotion and the
awarding, receipt, acceptance, possession, use, or misuse of any prize,
including liability for personal injury, death, damages or loss. Unless
prohibited by law, by accepting any Prize, the Winner grants permission
to the Sponsor and its affiliates and subsidiaries to use the Winner's
name, biographical information, likeness and/or statements made by or
attributed to the Winner and relating to the Sponsor, any Prize and/or
the Promotion for publicity and promotional purposes without further compensation,
unless prohibited by law. Unless prohibited by law, the Winner agrees
to execute a written consent to such effect (the "Consent").
Any prize will be sent to the Winner via electronic mail, U.S. Mail or
commercial courier, as determined by the Sponsor. Any Prize will be awarded
no later than twenty-one (21) days following the receipt by the Sponsor
of the Consent; provided that if a Prize is not deliverable following
reasonable attempts by Sponsor to select an eligible Entrant as Winner
pursuant to the terms of this Agreement, then Sponsor shall have no obligation
to select a Winner or deliver such Prize.
7. DISCLAIMERS; LIMITATION ON LIABILITY; DISQUALIFICATION; MISCELLANEOUS.
No responsibility, damage, loss or injury is assumed by the Sponsor, or
any subsidiary and/or affiliated company of the Sponsor or its or their
officers, directors, agents and employees (collectively, the "Released
Parties") for
(i) incomplete, late, lost, misappropriated, garbled, illegible, incomplete,
damaged or misdirected entries;
(ii) any printing or typographical errors in any materials associated
with the Promotion;
(iii) any human, telephone, technical, computer or online malfunction,
bug, error or any other technical malfunction and/or problem of any origin;
(iv) the inability of any person to access the Site or the U.S. Mail for
any reason; or
(v) the use of any Prize.
The Entrant agrees to indemnify, hold harmless and release the Released
Parties, their agents, affiliates and assigns from any and all liabilities
for injuries, claims, damages or expenses, including, without limitation,
attorneys' fees or injuries, claims, damages or expenses resulting from
copyright infringement, sustained in connection with or arising out of
the Promotion, the breach of any of the Entrant's representations and
warranties herein, the registration with the Sponsor, the submission of
any entry or the acceptance, possession, receipt or use of any prize (including,
without limitation, claims, costs, injuries and losses related to personal
injuries, death, damage to or destruction of property, rights of publicity
or privacy, defamation or portrayal in a false light, whether intentional
or unintentional).
NEITHER THE SPONSOR NOR ANY OF ITS AGENTS OR AFFILIATES OR ASSIGNS SHALL
BE RESPONSIBLE FOR ANY COSTS OR DAMAGES INCURRED BY ANY ENTRANT AS A RESULT
OF PARTICIPATING IN THE PROMOTION, SUBMITTING AN ENTRY, REGISTERING WITH
THE SPONSOR, ACCESSING OR USING THE SITE, WINNING ANY PRIZE OR ANY DAMAGE
OTHERWISE ARISING OUT OF THIS PROMOTION, WHETHER DIRECTLY OR INDIRECTLY,
INCLUDING, WITHOUT LIMITATION, ANY SERVER FAILURES, HARDWARE OR SOFTWARE
FAILURES, LOST, MISAPPROPRIATED OR CORRUPTED ENTRIES OR REGISTRATIONS,
VIRUS, WORM OR TROJAN HORSE DAMAGE, OR ANY OTHER DAMAGE, MALFUNCTION,
FAILURE OR DISRUPTION ARISING OUT OF OR IN CONNECTION WITH THIS PROMOTION.
The Sponsor reserves the right in its sole discretion to disqualify any
individual (at any time and without prior notice to such individual):
found to be tampering with the entry process or the operation of the Promotion;
to be acting in violation of this Agreement; to be acting in an unsportsmanlike
or disruptive manner, or with intent to annoy, abuse, threaten or harass
any other person; or for any other reason whatsoever. ANY ATTEMPT BY AN
ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEB
SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION
OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR
RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND SEEK DAMAGES FROM
ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
The Entrant hereby acknowledges that the Entrant is not entitled to any
compensation or right of approval in connection with the Promotion or
the Sponsor's exercise of any right or power granted by the Entrant to
the Sponsor hereunder.
8. SPONSOR POWERS
The Sponsor will have the power to rule on all aspects of the Promotion.
The decisions of the Sponsor shall be final and irreversible. The Sponsor
reserves the right to make any necessary or appropriate changes to the
Promotion as it progresses. The Sponsor reserves the right to cancel or
modify the Promotion in whole or in part in event of technical or other
difficulties or for any other reason at any time.
9. RULES
The Promotion is subject to this Agreement and all applicable federal,
state and local laws and regulations. By registering for this Promotion
as described above, you acknowledge that you have read this Agreement
and agree to abide by its terms and by the decisions of the Sponsor, which
are final and binding on all matters pertaining to the Promotion. All
U.S. federal, state and local laws and regulations apply. The Sponsor
reserves the right to change this Agreement at any time and for any reason
whatsoever, in its sole discretion. A
copy of this Agreement may be obtained at the Site.
10. GOVERNING LAW
This Agreement is governed by the laws of the United States of America
and the state of New York, without reference to rules governing choice
of laws. Any action, suit or case arising out of or in connection with
this Promotion or this Agreement must be brought in either the federal
courts located in the Buffalo, New York.
Copyright © 2003 Advance Furniture, Inc., All rights reserved.
By entering you agree to the terms and conditions and privacy policy.
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