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MAKEASTAR

NET 10 National Audition Sweepstakes/

ePrize "Grand Prize Drawing" Official Rules

 

NO PURCHASE NECESSARY.  VOID WHERE PROHIBITED.

 

FOR PERSONS WHO ENTER THE SWEEPSTAKES THROUGH THIS CREATIVE PRESENTATION, THESE OFFICIAL RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD. 

 

1.  Introduction.  The Grand Prize Drawing ("Sweepstakes") is sponsored by ePrize LLC, One ePrize Drive, Pleasant Ridge, Michigan 48069 ("Sponsor").  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 Opus One Corporation, DBA MakeaStar.com, 1403 North Batavia Avenue, Suite 111, Orange, CA 92867.  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.  The odds of winning the Grand Prize depends on the number of entries received in any given Creative Presentation multiplied by the total number of Creative Presentations.  In addition, a drawing from amongst the eligible entries to this Creative Presentation only will be held (the “Secondary Drawing”).  The odds of winning a prize in the Secondary Drawing are based on the number of eligible entries received through this Creative Presentation.  Void where prohibited.

 

ONLY ONE (1) PRIZE ACROSS ALL CREATIVE PRESENTATIONS WILL BE AWARDED IN THE SWEEPSTAKES. 

 

2.  Timing.  The Sweepstakes runs from August 1, 2005 at 12:00 a.m. Pacific Time ("PT") and ends on October 31, 2005 at 11:59 p.m. PT ("Promotion Period").  A Spanish version of the Sweepstakes will begin on August 15, 2005 at 12:00 a.m. PT and end on October 31, 2005 at 11:59 p.m. PT. Various Creative Presentations may be added throughout the Promotion Period.

 

Voting Phase

Start Date

End Date

Voting Phase # 1

8/1/05 (for English) at 12:00 a.m. PT ; 8/15/05 (for Spanish) at 12:00 a.m. PT

9/14/05 at 11:59 p.m. PT

Downtime

9/15/05 at 12:00 a.m. PT

9/15/05 at 11:59 p.m. PT

Voting Phase # 2

9/16/05 at 12:00 a.m. PT

9/30/05 at 11:59 p.m. PT

Downtime

10/1/05 at 12:00 a.m. PT

10/15/05 at 11:59 p.m. PT

Voting Phase # 3

10/16/05 at 12:00 a.m. PT

10/31/05 at 11:59 p.m. PT

 

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, Tracfone Wireless, Inc, Promoters, (including Opus One Incorporation, DBA Makeastar.com), their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, 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 http://www.NET10.com and follow the links and instructions for registration.  After you have completely filled out and submitted the registration form, you will receive fifty (50) entries into the Sweepstakes.  A confirmation email will be sent to you after registration.  Check your email, and follow the links and instructions to gain access into the voting aspect of the Sweepstakes. The Sweepstakes will be divided into three (3) Voting Phases as outlined above.  The Voting Phases will consist of groups that will be tournament style comprised of matches between contestants.  Vote on the contestants that you like the best.  You can only vote during an official Voting Phase.  During the Voting Phases, you can vote for any one (1) contestant within any match, and can vote in any or all matches available.  You will receive ten (10) Sweepstakes entries for each match that you vote on until you reach one thousand five hundred (1,500) total entries, the maximum amount for the Promotion Period.   You can still vote for fun after you have reached the maximum and receive more points, but only a maximum of 1500 total entries will be used for the purpose of the drawings.  The contestant that received the most votes in each match will move onto the next round until one contestant wins the group he/she was placed into.  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.  LIMIT:  one thousand five hundred (1,500) entries per person, per email, per Promotion.  Any attempt by any participant 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 participant’s entries and that participant 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.  On or about January 20, 2006, Sponsor will randomly select one (1) Promoter's Creative Presentation from among all Creative Presentations.  Sponsor will then select one (1) potential Grand Prize Winner from among all eligible entries received through the selected Creative Presentation.  Entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.  The potential winner will be notified by mail and/or email within ten (10) days of the drawing.  Except where prohibited, potential winner must execute the return to Sponsor, within ten (10) days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize.  If a winner is a minor in his/her state of residence, the winner’s parent/legal guardian will accept the prize on the minor’s behalf.  If the potential 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 and liability/publicity release within the required time period, an alternate entrant will be selected in his/her place at random from among all eligible entries received for the selected Creative Presentation.  Secondary Drawing:  Promoter will randomly select the secondary prize winners from among all eligible entries received on or about November 7, 2005.  If a potential Secondary Drawing winner cannot be contacted, or prize is returned as undelivered, the prize will be forfeited.  All entrants selected (Grand or Secondary) 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 $50,000.  Approximate Retail Value (“ARV”): $50,000. Secondary Prizes: One hundred sixty-six (166) Secondary Prizes: Private NET 10 Nokia 1100 refurbished phone with ten (10) minutes of airtime. ARV: $29.99.  Total ARV of Secondary Prizes: $4,978.34.  The ARV of secondary prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.  All Prizes: No substitution, assignment or transfer of prize permitted, except by Sponsor and Promoters, who reserve the right to substitute a prize with another prize of greater or equal value.  Winners are solely responsible for any and all applicable fees and taxes associated with prize receipt and use. 

 

7.  Publicity.  Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor and Promoter's use of winner's name, likeness, voice, opinions, hometown, state and country 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.  Sponsors 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 Promotion 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 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 accepting any Sweepstakes prize, winner agrees that Sponsor, Promoters (including but not limited to Opus One Corporation, DBA Makeastar.com), Tracfone Wireless, Inc.,  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, Promoters (including but not limited to Opus One Corporation, DBA Makeastar.com), and Tracfone Wireless, Inc., are not responsible for:  (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) 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 or receipt or use or misuse of any prize.  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 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, unawarded, 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, other than the administration of the Sweepstakes or the determination of winners 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, U.S.A.; (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, U.S.A., without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Michigan, U.S.A., or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.   

 

12. Data Collection.  Sponsor and Promoters collect personal information from you when you enter the Sweepstakes.  The information collected is subject to the ePrize Privacy Policy, located at http://www.eprize.com/privacy_policy.html.  Information collected may also be subject to the Promoter’s privacy policy, located at: http://www.sizzlefizzle.com/net10e/privacypolicy.asp.

 

13.  Winner's List/Official Rules.  For a list of the prize winners and/or set of Official Rules, send a self-addressed, stamped envelope to "NET 10 National Audition Sweepstakes/ePrize Grand Prize Sweepstakes Winner/Rules Request", c/o ePrize, LLC, P.O. Box 8070 Royal Oak, MI 48068-8070.  Requests for winner’s list must be received by April 20, 2006.  Residents of Vermont may exclude return postage. 

 

© 2005 ePrize, LLC.  All rights reserved.

 

For questions contact us at: customerservice@net10nationalaudition.com.

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