ESEMS Free Entry Pass Sweepstakes
OFFICIAL RULES. NO PURCHASE IS NECESSARY TO ENTER OR WIN. BY COMPLETING THE SWEEPSTAKES ENTRY FORM (SIGNING UP FOR THE ESEMS NEWSLETTER), YOU AGREE TO THESE RULES (THE "OFFICIAL RULES"). IF YOU DO NOT AGREE TO THESE RULES, DO NOT COMPLETE OR SUBMIT THE ENTRY FORM.
1. ELIGIBILITY. VOID WHERE PROHIBITED. NO PURCHASE NECESSARY.
The ESEMS Free Entry Pass SWEEPSTAKES ("Sweepstakes") is offered by ESEMS ("Sponsor") and open only to natural persons who are, as of the date of entry, age eighteen (18) or older and who are legal residents of the United States (the "Eligibility Area"). Employees, members, officers and directors of Sponsor and their respective parent entities, affiliates and/or subsidiaries, advertising, promotion and fulfillment agencies, legal advisors, web masters and web suppliers, and the immediate family members (mother, father, brother, sister, daughter, son, or spouse, regardless of where they live) and persons living in the same household of such persons (whether or not related), are not eligible to participate in this Sweepstakes. By participating in the Sweepstakes, you agree to these Official Rules and to the decisions of Sponsor, which are final and binding in all matters relating to this Sweepstakes. The Sweepstakes is void in all U.S. territories and possessions and in any countries or territories outside the Eligibility Area, and where prohibited by federal, state, provincial, municipal or local law. Any entrant who has won a prize from ESEMS within the last three (3) months will not be considered an eligible entrant.
2. INFORMATION
By registering for this Sweepstakes, you are agreeing that your registration information will be retained by the Sponsor for purposes of prize fulfillment, and you understand and agree that you will be given the choice as to whether to receive email or other communications from the Sponsor and its affiliates and business partners ("Third Parties"). You may subsequently opt-out of the receipt of such email or other communications by following the directions for opting-out, as provided in such emails or other communications, or by contacting the Sponsor or such Third Parties directly. Opting-out will not affect your participation in, or chances to win, this Sweepstakes.
3. PROMOTIONAL PERIOD
The ESEMS Free Entry Pass SWEEPSTAKES ("Sweepstakes") begins at 12:00 a.m. Pacific Time on March 3, 2003 and ends at 9:00 a.m. Pacific Time on April 2, 2003 (the "Promotional Period").
4. HOW TO ENTER
Eligible persons may enter the Sweepstakes by logging on and registering for the ESEMS newsletter (completing the online "Entry Form") at http://www.esems.com/newsletter.shtml in its entirety, then clicking on the "Sign Up!" button at the bottom of the entry form. Of course, if you choose you may unsubscribe/opt-out from the ESEMS newsletter at any time at unsubscribe@esems.com
Any attempt to enter by any other method is void. Part of the registration process for this Sweepstakes may ask brief survey questions. Your answers to the questions will not affect your participation, or chances to win, in this Sweepstakes. The Sponsor assumes no responsibility for lost, late, incomplete, or misdirected entries; or for any computer, telephone, cable, satellite, network, electronic or Internet, hardware or software malfunctions or failures, garbled, corrupt or jumbled transmissions, or service provider/Internet/web site/usenet accessibility or availability, traffic congestion, technical failures, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information or the failure to capture such information.
5. PRIZE(S) & ODDS OF WINNING
One (1) Grand Prize winner will receive a free ESEMS entry pass to the conference (total approximate retail value ("ARV") $125).
Odds of winning depend on the number of eligible entries received. Prizes may not be transferred, assigned, redeemed for cash or substituted, except that Sponsor may substitute any prize with a prize of equal or greater value in the event the stated prize becomes unavailable. The winner will be solely responsible for the payment of any and all taxes and/or licenses and/or other related local, State, Federal fees that may apply to such winnings. Sponsor will not be responsible for replacing any lost or stolen elements of any prize package. All prizes will be awarded.
6. SELECTION OF WINNERS & ACCEPTANCE TERMS
One (1) free ESEMS entry pass will be awarded in this Sweepstakes. The Grand Prize Winner (1) will be determined by random selection from all eligible entries. The Grand Prize winner will be notified by email within approximately five (5) business days after the drawing. The drawing will take place within approximately one (1) hour after the end of the the Promotional Period under the supervision of, and at the offices of, Sponsor. The Grand Prize winner will be notified by email within 24 hours after the drawing and must claim the prize prior to the beginning of the conference, which is 9:00 a.m. Pacific Time on Friday, April 4, 2003. Any entrant who fails to respond to such email notification within two (2) days after such Sponsor's transmission of such email notification will not be declared a winner, will forfeit his/her prize(s) and such prize(s) will awarded to an alternate winner at Sponsor's sole discretion in accordance with these Official Rules.
The winning free entry pass can either be redeemed "in addition" to already purchased ticket(s), or conversely, may be applied to a previously purchased tickets.
Unless prohibited by law, winners may be required to complete and return an affidavit of eligibility and a publicity/liability release within two (2) days of responding to the notification. The winner may also be required to provide Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the winning entry. If the selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails to return a completed and executed affidavit and release as required, an alternate winner may be selected. Except where prohibited by law, acceptance of any prize constitutes permission for Sponsor to use the winner's name, photograph, likeness, voice, address (only city and state), and testimonial, in print, broadcast, or new media, in perpetuity, in any manner it deems appropriate in connection with promoting this or any other sweepstakes and/or promotion sponsored by it without further compensation.
Computer entries will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized 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 (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
7. CONDUCT
Sponsor reserves the right at their sole discretion to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes or any web site related to this Sweepstakes, acting in violation of these Official Rules or acting in a irresponsible or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods, and disqualify any entrant using any such method. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE RELATED TO THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY
Sponsor is not responsible for any incorrect or inaccurate information, whether caused by users of any web site related to this Sweepstakes, by any of the equipment or programming associated with or utilized in this Sweepstakes or by any technical or human error which may occur in the processing of submissions in this Sweepstakes. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, any web site related to this Sweepstakes or any technical failure or malfunction. The Sponsor is not responsible for any injury or damage to entrants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of any web site related to this Sweepstakes. If, for any reason, this Sweepstakes is not capable of running as planned, including, without limitation, by reason of, infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other causes which, in Sponsor's sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at their sole discretion to cancel, terminate, modify or suspend this Sweepstakes, and select winners from entries received prior to action taken, as Sponsor, in its sole judgment, deems fair and in accordance with these Official Rules. The Sponsor further reserves the right to modify the rules of the Sweepstakes in any way or at any time, as long as reasonable notice is given.
IN NO EVENT WILL THE SPONSOR, ITS RESPECTIVE PARENT ENTITIES, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, ADVERTISING OR PROMOTION AGENCIES OR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS SWEEPSTAKES, ANY PRIZES WON, YOUR ACCESS TO AND USE OF THE COMPANIES RESPECTIVE WEB SITES OR THE DOWNLOADING OR COPYING FROM AND/OR PRINTING OF ANY MATERIAL OBTAINED FROM SUCH WEB SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE COMPANIES' RESPECTIVE WEB SITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. CHOICE OF LAW
By participating in this contest, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and/or Companies in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for such states rules with regard to choice of law, and all related proceedings shall take place in Los Angeles, California.
10. WINNERS LIST
For an Official Winner's List or a copy of these Official Rules, send a self-addressed, stamped envelope (WA and VT residents need not affix postage) ESEMS Free Entry Pass Sweepstakes, DAVID-ADDRESS HERE. Replies will be sent after the completion of the Sweepstakes. Winner's List requests must be received within six (6) months of completion of the Sweepstakes. In addition, the winners' names may be posted on http://www.esems.com/swinners within ten (10) days of the winner's selection and remain up for a minimum of six months.
The contest and all accompanying materials are copyright © 2003 by ESEMS