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Welcome to the Season Contest
Official Sweepstakes Rules (“Official Rules”)
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. Purchase will not improve your chances of winning. Entrants must be 18 years of age or older at time of entry and reside within a 50 mile radius of the Dispatch/Argus to be eligible for this Welcome to the Season Contest (“Sweepstakes”). Employees of the Dispatch/Argus (“Sponsor”), its respective parent, affiliates, subsidiaries, advertising sponsors and promotional agencies, and the immediate family members of each are not eligible to win. Sweepstakes is void where prohibited by law. Sweepstakes is subject to all federal, state and local laws and regulations and shall be governed by Illinois law.
2. How To Enter: Sweepstakes participants must register at the Sweepstakes pages of Sponsor’s website, located at [http://qco.upickem.net/engine/Welcome.aspx?contestid=43027] (the “Website”) from 10:01 A.M. November 13, 2011 to 11:59 P.M. November 19, 2011 (the “Promotional Period”). All entires guessing the correct number of snowmen will be placed in a random drawing. The sample snowmen in the registration fields and the contests logo do not count. Consent to email and newspaper solicitation with entry. Limit one entry per person. Only one (1) prize will be awarded per household and/or family by Sponsor for all contests or sweepstakes managed by Sponsor within a ninety (90) day period.
Sponsor is not responsible for: (i) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (ii) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, web site, server provider, network, hardware or software; (iii) the unavailability or inaccessibility of any telephone, mail, website or service; (iv) unauthorized intervention in any part of the entry process or the Sweepstakes; (v) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; and (vi) 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 viewing, playing or downloading any material from Sponsor’s or UPICKEM’s web site(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s or UPICKEM's website(s) by a hypertext link. Sponsor reserves the right, in its sole discretion, to cancel, modify or prematurely conclude the Sweepstakes should any malfunction, fraud, tampering, unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Sweepstakes. This Sweepstakes is not intended for gambling. If it is determined that a entrant is using the Sweepstake for an improper or illegal purposes he or she will be disqualified and reported to authorities.
3. How To Win: The Sponsor will randomly select Ten (10) First Prize winners from all eligible entries received during the Promotional Period. The decision of the Sweepstakes’ Sponsor, is final on all matters pertaining to the Sweepstakes. Odds of winning depend on the number of eligible entries received. Winners will be notified by telephone number or email address provided on his or her entry. Winners must reply within seven (7) days of notification either via email or by calling phone number provided in the prize notification, or an alternate winner will be selected. A winner is not officially recognized as such until he or she responds to the notification. If Sponsor cannot find an eligible winner for the prize, that prize will not be awarded. In the event that the Sweepstakes is cancelled or ended prematurely due the reasons set forth in paragraph 2, above, Winners shall be randomly chosen by Sponsor from all eligible entries received as of the time of the impairment.
4. Prizes: Ten (10) Winners will receive a $50 gift card courtesy of the participating contest advertisers. Approximate retail value of the prize is $50.
Sponsor reserves the right to substitute any prize with another prize of equal or greater value. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor may be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. All costs and expenses not specified herein related to the prize or the award, acceptance or use thereof, including but not limited to transportation costs, lodging, meals, beverages, taxes (including income taxes), gratuities, insurance, healthcare expenses, surcharges and other expenses incurred with respect to the award, acceptance and use of the prize are the sole responsibility of the prize winner. A prize is non-transferable and non-assignable, and it is not refundable. No cash or other substitution may be made, except by Sponsor. Prize winner is fully responsible for any and all applicable federal, state and local taxes and assessments associated with prize award, receipt and use. Winners must claim prize within thirty (30) days of being declared a winner or the prize is forfeited. If required by law, winners will be required to complete an IRS Form W-9 and in connection therewith will receive a 1099 IRS tax form for the value of the prize as stated in these Official Sweepstakes Rules.
5. General Rules and Regulations: By entering this Sweepstakes, entrants: (i) agree to abide by the terms of these Official Rules, which Official Rules are subject to change at any time, and by the decision of the Sweepstakes’ Sponsor, which is final and binding on all matters pertaining to the Sweepstakes; (ii) grant Sponsor and its designees the right to use and publish their proper name and state of residence online and in print, or any other media, in connection with the Sweepstakes; and (iii) grant Sponsor and its designees the right to use any and all information related to the Sweepstakes, including information on entrants obtained through the Sweepstakes, for marketing purposes or any other purpose, unless prohibited by law; (iv) agree that 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 solely and exclusively in a federal or state court in Rock Island, Illinois; and further submit to sole and exclusive personal jurisdiction to said courts in the State of Illinois for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (v) agree that 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 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.
By entering this Sweepstakes, I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH ME, HEREBY RELEASE, FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS THE SPONSOR AND ALL OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AFFILIATES, SWEEPSTAKES PARTNERS (INCLUDING UPICKEM), PRIZE SUPPLIERS AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND ADVISORS (COLLECTIVELY, “RELEASED PARTIES”), FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES AND LIABILITIES OF ANY NATURE WHATSOEVER WHICH I MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, WHETHER BASED ON CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY OR CLAIM INCLUDING BUT NOT LIMITED TO ANY DEATH, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE, OR OTHER HARM OR LOSS OF ANY NATURE, ANY CLAIMS BASED ON PUBLICITY RIGHTS, PRIVACY RIGHTS, PERSONALITY RIGHTS, COPYRIGHTS, “MORAL RIGHTS,” OR DEFAMATION, AND ANY AND ALL TAXES LEVIED, ASSESSED OR COLLECTED, WHETHER CAUSED BY, CONTRIBUTED TO, ARISING OUT OF, OR OTHERWISE RELATED TO THE SWEEPSTAKES, THE PRIZE, OR MY POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR MY OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH.
Entrant further agrees and I hereby do agree to defend, indemnify and hold harmless the Released Parties from any and all claims, actions, losses, expenses, damages, or other liabilities (including reasonable attorneys’ fees) incurred by or assessed against any of the Released Parties arising out of or relating in any way to any statements or representations made by me in my Sweepstakes registration.
6. Sponsor: This Sweepstakes is managed by SNG Internet Innovations, LLC. 1810 5th Avenue, Moline, IL 61265.
The Sweepstakes and all of the related pages, contents and code are copyrighted by UPICKEM, Inc., and/or Sponsor. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
© 2010 SNG Internet Innovations, L.L.C. All Rights Reserved.
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