Rules
CraveOnline: Captivity
The
promotional period for the sweepstakes begins on Wednesday, October 24th, 2007, at 9:00 AM Pacific Time (PT) and ends on Friday, November 30th, 2007 at
11:59 PM PT (the "Promotional Period"). Entries must be received no
later than 11:59 PM PT on the last day of the Promotional Period.
Mail-in entries must be postmarked during the Promotional Period.
Prizing is as described on the sweepstakes entry form.
How to
Enter:
There are two ways you may enter: over the Internet (the "Internet
Method") or through the mail (the "Mail Method"). Entries are subject to
the Internet Provisions section of the General Rules listed below:
A. Internet Method: To enter over the Internet, access the CraveOnline site at /contests/00000283/captivity.html. Your computer must accept
cookies, which CraveOnline or their partners may use to
track the entry. You must complete the registration form on the Web site
by filling in all requested information. You must follow instructions
for entry on the Web site page that provides the registration form.
Unless otherwise stated on our Web site, any other attempt at Internet
or e-mail entry is void. You may not exceed a maximum of one (1) entry
(you may submit as many cravings as you like, but only one per person
will be considered for posting). Any duplicate entries (from the same
user with a different or multiple email addresses) could result in
disqualification from participating in the sweepstakes. Neither CraveOnline or their partners assume any responsibility for any
computer, telephone, cable, network, satellite, electronic or Internet
hardware or software malfunctions, failures, connections, availability
or garbled transmissions, or for any service provider, Internet, Web
site or use net accessibility or availability, traffic congestion or
unauthorized human intervention.
B. Mail-in Method: To enter by mail, hand print in ink on a 3" x 5"
card your full name, complete home address and zip code, home telephone
number and area code, month and year of birth, gender and e-mail address
(if any). Mail this completed card in a first-class stamped envelope to:
CraveOnline Contests/Sweepstakes, 5140 W Goldleaf Circle,
3rd Floor, Los Angeles CA 90056. No metered mail will be accepted. No
copies, facsimiles or mechanical reproductions will be accepted. Neither
CraveOnline or their partners assume any responsibility for
lost, late, incomplete, stolen, misdirected, illegible or postage due
entries or mail.
Winner(s) Selection and Notification:
DRAWING - All winners will be selected by random drawing at the end
of the Promotional Period, from all eligible entries received. Winners
will be notified by e-mail, telephone, overnight carrier or regular mail
within approximately seven (7) days after the drawing. Drawings will be
conducted under the supervision of CraveOnline. In the event
of disqualification, alternate winners will be selected by random
drawing within thirty (30) days after such disqualification. Any
alternate winner will be notified in the same manner, and within the
same time period, as described above.
GENERAL SWEEPSTAKES RULES
Eligibility - Who May Enter
To become eligible, you must provide current and accurate data for
all information requested in connection with any contest or sweepstakes.
NO PURCHASE IS NECESSARY TO ENTER. Contests and sweepstakes are open
only to legal residents of countries that allow Internet-based contests
and sweepstakes and the collection of data in connection with such
contests or sweepstakes. Children under 12 must submit written
permission from parents to enter into the contest or sweepstakes.
Parents granting written permission for children under 12 must send the
child's name and email address and a letter of consent (per the terms of
the user agreement and privacy policy listed on /contests/00000283/captivity.html) to:
CraveOnline, 5140 W Goldleaf Circle, 3rd Floor, Los Angeles
CA 90056. The sweepstakes is void in Puerto Rico, Canada and where
restricted or prohibited by law. This sweepstakes is void wherever
prohibited or restricted by law and is subject to all federal, state and
local laws and regulations. Participants are limited to winning one
random drawing prize per person.
Rules Governing Winner(s)
Each entrant is solely responsibility for notifying CraveOnline if the entrant changes his/her e-mail address. Neither
CraveOnline nor any person or entity with whom CraveOnline produces this contest or sweepstakes in association with or
any person or entity with whom CraveOnline shares, sells,
rents, leases nor otherwise makes data collected available, shall have
any liability for any winner notification that is lost, intercepted or
not received by the potential winner for any reason. Potential winners
may NOT elect to receive substitutes in lieu of prizes awarded, however,
they may waive their right to receive a prize. Prizes are non-assignable
and non-transferable. CraveOnline reserves the right to
substitute prize(s) of equal or greater value if the specified prize(s)
is unavailable for whatever reason. Winners may be required to execute
an affidavit of eligibility and release, which must be completed and
returned within 21 days of notification or an alternate winner will be
selected. Taxes, and additional shipping, handling and delivery fees in
excess of the prize amount, if any, are the sole responsibility of the
prize winner. Winners are solely responsible for the reporting and
payment of any federal, state and/or local taxes on prizes. By accepting
a prize, each winner agrees to the terms in the Ownership of Entries
section of these rules.
Ownership of Entries
Any communication, data or information transmitted/submitted to the
sweepstakes Web Site by electronic mail, data survey/query or otherwise
is and will be treated as nonconfidential and nonproprietary. Entries
become the exclusive property of the CraveOnline and will
not be returned. By submitting an entry, each entrant grants and hereby
irrevocably assigns to CraveOnline and their subsidiaries
the exclusive right to reproduce, publish (in all media including online
media), edit, use, transfer or sell the entry, data or other information
collected, or any part thereof, for all commercial purposes, in
perpetuity, throughout the universe, at no charge to CraveOnline and without compensation to the entrant. Entrant further
grants CraveOnline and their assigns, licensees, affiliates
and subsidiaries the right, without additional compensation (except
where prohibited), to print, publish, broadcast and use at any time the
winner's name, picture or other likeness, voice and biographical
information as news or information for advertising and promotional
purposes without additional consideration in any media now known or
hereafter developed throughout the world. Failure to grant such rights
may result in disqualification with an alternate winner or potential
winner selected. By submitting an entry, the entrant agrees that CraveOnline shall succeed to all right, title and interest in and
to such submission/data; without limiting the generality of the
foregoing, the entrant understands that CraveOnline will
have the exclusive right to use, reproduce and otherwise exploit the
applicable submission, without restriction and without any compensation
to the entrant (except where prohibited). Unaccepted prizes may not be
awarded.
IMPORTANT! Please Read! General Release and Limitations on
Liability
This sweepstakes or contest is in no way encouraging participants to
take any physical risks to be considered for any prize(s) outlined in
this sweepstakes or contest. By entering the sweepstakes or contest,
entrants agree that: (1) any and all disputes, claims, and causes of
action arising out of or connected with the sweepstakes or contest or
any prizes awarded, shall be resolved individually, without resort to
any form of class action; (2) any and all claims, judgments and awards
shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering the sweepstakes or contest, but in no event
will attorneys' fees be awarded or recoverable; and (3) under no
circumstances will any entrant be permitted to obtain any award for, and
entrant hereby knowingly and expressly waives all rights to seek,
punitive, incidental or consequential damages and/or any other damages,
other than actual out-of-pocket expenses, and/or any and all rights to
have damages multiplied or otherwise increased.
Entrant acknowledges and agrees that CraveOnline and any
other Promotion Entities, their affiliates, licensees, assigns and
subsidiaries are not responsible for any costs, injuries, losses, or
damages of any kind arising from or in connection with: (i) incomplete,
lost, late, misdirected or illegible entries or for failure to receive
entries due to any cause, including without limitation human,
transmission, or technical problems, failures, or malfunctions of any
kind, whether originating with sender, with CraveOnline, or
otherwise, that may limit an entrant's ability to participate in the
sweepstakes or contest; (ii) any injury or damage resulting from
participation in the sweepstakes or contest and/or the use of any prize
(including, without limitation, claims, costs, injuries, losses and
damages related to personal injuries, death, damage to, loss or
destruction of property, or any claims, costs, injuries, losses, or
damages related to or based on the entrant's rights of publicity or
privacy, or the entrant's claim that he or she has somehow been defamed
or portrayed in a false light); (iii) any injury or damage to any
person's computer related to, or resulting from, participating in this
sweepstakes or contest, downloading material from the Web site or using
the Web site; and, (iv) ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF YOUR ACCESS TO, OR USE OF, THE WEB SITE CraveOnlineOR THE DOWNLOADING FROM, OR PRINTING MATERIAL DOWNLOADED FROM, SUCH
SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW
THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; THEREFORE,
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.
Internet Provisions
Entries are limited to those individuals who had Internet access as
of the starting date of this sweepstakes or contest. CraveOnline is not responsible and in any way liable for entrants who
do not have computers, Internet access or who claim to suffer some other
form of obstruction from entering this sweepstakes or contest. Entrants
who do NOT have Internet access may visit any one of the many free
service providers, gain access to the Web, and enter the sweepstakes.
Entrant may alternatively enter the sweepstakes or contest through the
mail by sending a postcard to: CraveOnline, attention
Contests/ Sweepstakes, 5140 W Goldleaf Circle, 3rd Floor, Los Angeles CA
90056 as long as entries are received in our offices by the sweepstakes
or contest end date indicated in these rules. CraveOnlinereserves the right in its sole discretion to disqualify any individual
who is found to be tampering with the entry process or the operation of
the contest or the hosting Web Site; to be acting in violation of these
Official Rules; or to be acting in an unsportsmanlike or disruptive
manner, or with the intent to disrupt or undermine the legitimate
operation of the sweepstakes or contest, or to annoy, abuse, threaten or
harass any other person. Entries will be deemed VOID if illegible. No
mechanically reproduced, illegible, incomplete, forged, software
generated or other automated multiple entries will be accepted. In the
event of a dispute as to the identity of the entrant, any online entry
will be deemed submitted by the holder of the e-mail account from which
it was sent. CraveOnline reserves the right to modify,
suspend, or terminate the sweepstakes or contest if it determines, in
its sole discretion, that the sweepstakes or contest is technically
impaired or corrupted or that fraud or technical problems, failures or
malfunctions have destroyed or severely undermined the integrity and/or
feasibility of the sweepstakes or contest.
Governing Law(s) and Jurisdiction
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY,
INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS
AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE
SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY
CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE
THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR
UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY
PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR
ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE
CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL
PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THE
SWEEPSTAKES IRREVOCABLY AGREES THAT THE STATE AND FEDERAL COURTS LOCATED
IN LOS ANGELES, CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY
SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT,
AND EACH HEREBY WAIVES ANY CLAIM THAT IT IS NOT SUBJECT PERSONALLY TO
THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER
PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
General Provisions
Hold Harmless: By accepting a prize, each winner agrees to release
and hold harmless CraveOnline and their officers, members,
employees, representatives and agents from any and all liability for any
injuries, loss or damage of any kind to any person arising in whole or
in part, directly or indirectly, from accepting, possessing, using or
misusing a prize, participating in any sweepstakes or contest related
activity or participating in this sweepstakes or contest.
Disqualification: CraveOnline reserves the right, in its
sole discretion, to disqualify any individual that it believes: (i) is
tampering with the entry process, the operation of the Web site or the
operation of the sweepstakes; (ii) to be in violation of the User
Agreement of the Web site; (iii) to be in violation of the Official
Rules; or (iv) to be acting in any disruptive manner. CraveOnline will prosecute any fraudulent activities.
Entry Disputes: In the event of a dispute regarding entries submitted
by multiple users with the same e-mail account, the authorized
subscriber of the e-mail account used to enter the sweepstakes or
contest at the actual time of entry will be deemed to be the
participant. Such subscriber must comply with these rules. The
authorized account subscriber is the natural person who is assigned an
e-mail address by an Internet access provider, online service provider
or other organization that is responsible for assigning e-mail addresses
or the domain associated with the e-mail address.
Legal Rules and Odds of Winning
1. CraveOnline reserves the right to change any of the
rules, guidelines or prizes of this sweepstakes or contest at any time
and for any reason.
2. Odds of winning will be determined by the number of entries
received.
3. If, for any reason, the sweepstakes is not capable of running as
planned due to computer virus, worms, bugs, tampering, unauthorized
intervention, fraud, technical failures or any other causes which, in
the sole opinion of CraveOnline, could corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
sweepstakes or contest, CraveOnline reserve the right to
cancel, terminate, modify or suspend the Internet portion of this
sweepstakes or contest and to select the winner from regular mail-in
entries and Internet entries received prior to taking such action.
4. Neither CraveOnline nor participating promotional
companies are in any way liable for damage, loss or injury resulting
from computer malfunctions, misdirected or incomplete entries or
acceptance and use of the prize. Winners assume liability for injuries
caused or claimed to be caused by participation in this sweepstakes or
contest, or the use or misuse of any prizes.
Winner(s) Selection and Notification:
DRAWING - All winners will be selected by random drawing at the end
of the Promotional Period, from all eligible entries received. Winners
will be notified by e-mail, telephone, overnight carrier or regular mail
within approximately seven (7) days after the drawing. Drawings will be
conducted under the supervision of CraveOnline. In the event
of disqualification, alternate winners will be selected by random
drawing within thirty (30) days after such disqualification. Any
alternate winner will be notified in the same manner, and within the
same time period, as described above.