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.