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Official Sweepstakes RulesNO PURCHASE IS NECESSARY TO ENTER OR WIN. APPLICABLE ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. ENTRY INTO THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE RULES. VOID WHERE PROHIBITED. 1. ELIGIBILITYTo be eligible to enter the Sweepstakes you must be a legal U.S. resident who is at least 18 years of age, or above the age of majority. Employees of Sponsor, and its subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, dealers, and dealer personnel, and their immediate families (parent, child, sibling and spouse to each) and household members of each are not eligible. VOID WHERE PROHIBITED. All federal, state and local laws and regulations apply. 2. TERMThe Sweepstakes ends at 11:59 p.m. PST on January 31, 2006 ("Term"). Entries must be RECEIVED by the end of the Term. 3. SPONSORSmarterDeals.com, Inc. located at 39120 Argonaut Way, Ste 324, Fremont, CA 94538 is the sponsor of the Sweepstakes ("Sponsor"). 4. TO ENTERVia Online Entry Form – Complete the entry form located at www.smarterdeals.com with your e-mail address. No other information is required in order to be eligible to win a prize. You will be automatically signed up for our hot deals email. LIMIT: ONE (1) ENTRY PER PERSON. Subsequent entries will be disqualified. All entries become the property of Sponsor. They will not be returned or acknowledged. Sponsor is not responsible for lost, late, misdirected, incomplete or illegible entries. Entries are void if they are in whole or in part illegible, incomplete, damaged, irregular, altered, forged, counterfeit, produced in error, or obtained through fraud or theft. By entering you agree to be bound by these Official Rules. Sponsor will be collecting personal data about participants when they register and enter the Sweepstakes. Information will only be used by Sponsor. Entry in the Sweepstakes will constitute consent to receive Daily Deals email. 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 alteration of, entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Uses of automated devices are not valid for entry, and will subject user to immediate disqualification. 5. PRIZESGrand Prize: One (1) Grand Prize winner will be selected by random drawing to receive An Apple 2GB iPod Nano. Winner can choose black or white in color. All decisions on all matters pertaining to the Sweepstakes are final. Sponsor reserves the right to substitute a prize of equal or greater value. Limit one prize per person, family or household. Odds of winning depend on the number of eligible entries received. 6. WINNER NOTIFICATIONRandom selection of the potential winners will occur on or about February 3, 2006 from among all eligible entries received. Prize drawing will be conducted at Sponsor's office. Potential prize winners will be notified by e-mail in Sponsor's discretion, on or about February 6, 2006. Potential winner's age must be verified prior to receiving the prize. Potential winners will have fourteen (14) days from notification to claim their prizes. Sponsor and its affiliates, subsidiaries, employees, agents, officers and directors, and their respective officers, directors, employees and agents will not be liable for unsuccessful efforts to notify a winner. Prizes will be delivered by ground shipping within United States only. No prize transfer, assignment or substitution by winner permitted. Sponsor reserves the right, in its discretion, to substitute a prize for a prize of equal or greater value should all or part of a prize become unavailable for any reason. All federal, state and local taxes, fees and surcharges on prizes are the sole responsibility of the winners. If a winner declines a prize, fails to claim a prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, Sponsor may select an alternate winner from all remaining eligible entries. If prize or prize notification is returned as undeliverable, prize forfeited. Where lawful, the potential winners may be required to sign an Affidavit of Eligibility, Release of Liability and/or a Publicity Release. Failure to return the required documents within the time period specified thereon may result in forfeiture of prize and random selection of alternate winner from remaining eligible entries. Except where prohibited by law, by accepting the prize, winner consents to Sponsor's use of his/her likeness, photograph, name, and/or voice for advertising and publicity purposes in any and all media worldwide (including winners list) without additional compensation or notification. The name of the Grand Prize Winner may be posted on the Sponsor's website(s) and/or in the Daily Deals newsletter. 7. LIMITATION OF LIABILITY1 Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. 2 By participating, entrants and winners release Sponsor, its affiliates, parent, and subsidiary companies, its employees, agents and officers, advertising and promotion agencies, as well as all others associated with the development and execution of this Sweepstakes, from and against any and all liability with respect to or in any way arising from the Sweepstakes and the awarding and use of the prize. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Sweepstakes entries or entry forms; or alteration of entries or entry forms. 3 Participants also agree (a) to be bound by these official rules; and (b) that the decisions of Sponsor are final on all matters relating to the Sweepstakes. Winners agree to be bound by these rules and the decisions of Sponsor, whose decisions are final and binding. 4 Before being declared a winner, each selected entrant will be required to sign an agreement and release confirming compliance with the Sweepstakes Official Rules and acceptance of the prize as offered and (i) releasing Sponsor and its agencies from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Sweepstakes or participating in any prize-related activity or the acceptance, use or misuse of any prize, including without limitation costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom and (ii) granting Sponsor and its agencies the unrestricted rights, in their collective or individual discretion, to publish and use without any further compensation the winner's name, hometown, likeness, photograph,statements or prize information for advertising and publicity purposes worldwide without limitation and without additional compensation, except where prohibited. The agreement and release must be returned within five (5) business days of the notification date indicated on the documents or the selected entrant will be disqualified and the prize forfeited. 8. LAWSThis Sweepstakes is governed by the laws of California, without regard to its conflict of law provisions. |
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