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Official Rules
May 30, 2008
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED.
You have not yet won. Grand Prize: One luxurious trip to the 2008 Fall Classic. There is 1 prize out of 60,000 prize notices distributed. Odds of winning depend on the number of entries received. Entries must be received by 8/31/08.
- ELIGIBILITY: Open and offered to all legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of entry. Employees, officers, and directors of DENSO Sales California, Inc. ("Sponsor"), KS Promotions, Inc. ("Promotion Administrator" and "KSP") (collectively "Sweepstakes Entities") and each of their respective parents, subsidiaries, affiliated companies and advertising and promotion agencies, and those involved in the production, development, distribution, implementation or handling of this sweepstakes, any agents acting for or on behalf of the above entities, service providers, prize suppliers, website developers, and other persons associated with the sweepstakes and/or members of their immediate families (spouses, children, siblings, parents, regardless of where they live) and/or persons living in the same household as such employees, officers, and directors (whether or not related) are ineligible.
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HOW TO ENTER: Sweepstakes starts at 12:00:01 a.m. Pacific Time ("PT") on or about 6/1/08 and ends at 11:59:59 p.m. PT on 8/31/08 ("Promotion Period). During the Promotion Period log on to www.movincool.com/mc/contest and fill in your full name, complete home address including zip code, home telephone number with area code, email address, age and any other required fields. By submitting the required information as directed, you will receive one entry into the Sweepstakes. Limit one entry per person, per household, per email address. Entries must be received and recorded by Sponsor's Sweepstakes computer (the official time keeping device for the Sweepstakes) by 11:59:59 p.m. PT on 8/31/08.
No responsibility is assumed for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or the incorrect or inaccurate capture of entry, Code, or other information or the failure to capture, or loss of, any such information. Once submitted, an entry cannot be deleted or modified. All entries submitted become the property of Sponsor and will not be returned. - DRAWING: One (1) potential Grand Prize winner will be selected on or about 9/5/08 by random drawing conducted under the supervision of KSP from all eligible entries received. Potential winner will be notified by telephone or mail (in Sponsors' sole discretion) within approximately three (3) business days of the drawing.
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PRIZES/VALUES/ODDS OF WINNING: A trip for two (2) to the 2008 Professional Baseball Championship. Prize includes: Round trip coach air travel for two (2) from major commercial airport near winner's residence to host city; rental car for 3 days (Winner, winner's guest, or winner's parent/legal guardian must meet rental company requirements); Two (2) guaranteed tickets to Game 1 or 2 (at Sponsor's sole discretion) of the Professional Baseball Championship (premium upper level infield); 3 days/2 nights 4-star hotel accommodations for two (2); Official 2008 Program; $500 spending cash. Approximate Retail Value ("ARV") $7950.
Expenses not stated are the sole responsibility of the prize winner (gasoline, any insurance purchased for rental car, tips, other incidentals, etc.). If winner cannot accept a prize as stated, prize may be forfeited in its entirety and awarded to an alternate winner. No assignment, transfer or substitution, or cash redemption of prize is permitted, but Sponsor reserves the right to substitute prize with one of equal or greater value should prize become unavailable. If a winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner's parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and awarded to an alternate winner. All taxes are the sole responsibility of the winner. Black out dates for travel may apply. The actual value of trip may differ from the value stated and any difference between the stated value and actual value will not be awarded. If a portion of the prize is not used, value will not be awarded.
Prize cannot be substituted, assigned, transferred or redeemed for cash, but Sponsor, in its sole discretion may substitute a prize of equal or greater value if prize becomes unavailable for any reason. All Federal, State and local taxes are the sole responsibility of winner. -
GENERAL CONDITIONS: Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and unless prohibited by law, a Publicity Release within seven (7) business days of notification. Non-compliance, failure to return documents timely, if prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules will result in prize forfeiture with prize awarded to an alternate winner. Unless prohibited by law, winner grants to Sponsor (which grant must be confirmed in writing on request of Sponsor) and those acting pursuant to its authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional consideration, and without notice, review or approval. Sponsor and/or KSP reserve the right, at their sole discretion, to disqualify any individual found, in their sole discretion, to be (a) tampering with the entry process or the operation of the Sweepstakes or Web site; (b) in violation of the Terms of Service of the Web site; (c) acting in violation of the Official Rules; or (d) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries, and any participant using any such method will be disqualified. In the event of a dispute as to entries submitted the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of entry will be deemed to be the participant/entrant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
Sponsor and/or affected Sweepstakes Entities may seek damages and all other remedies available to them to the fullest extent of the law in the event of any fraudulent activities. -
RELEASE/LIMITATIONS OF LIABILITY: By participating , participants agree release and agree to hold harmless the Sponsor and Sweepstakes Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any claims, actions, liabilities and injuries, losses or damages of any kind to person(s), including death or disability, and property, (due to negligence or otherwise), arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of prize, participation in any Sweepstakes related event, or participation in this Sweepstakes.
Sponsor and Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by Web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error (human or mechanical), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Web site. Sponsor and Sweepstakes Entities are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Web site. If, for any reason, this Sweepstakes, or any part thereof, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other causes which, in the sole opinion of Sponsor or Judge, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and/or select the winner from entries received prior to the action taken or as deemed fair and appropriate by Sponsor. Sponsor and/ or Sweepstakes Entities, however, reserve the right, in their sole discretion, to address an Internet raised or related issue in any manner they deem fair and appropriate.
Neither Sponsor nor Sweepstakes Entities shall be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, equipment failure, terrorist acts, labor dispute or action of any kind (whether legal or illegal), transportation interruption of any kind, civil disturbance of any kind or any other cause similar or dissimilar beyond Sponsor's control.
IN NO EVENT WILL SPONSOR, SWEEPSTAKES ENTITIES, THEIR RESPECTIVE PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, 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 ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF 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. - DISPUTE RESOLUTION/CHOICE OF LAW: Any controversy, claim, demand or disputes arising out of or in relation to any portion of this Agreement or the breach thereof, shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Rules applicable to proceedings determined by one (1) arbitrator. Any arbitration shall be conducted at facilities maintained by the American Arbitration Association for that purpose in Long Beach, California. Judgment upon any award it may grant may be confirmed and entered in any court of competent jurisdiction. This provision shall be deemed self-executing, and an award may be entered against a party who fails to appear at any duly noticed hearing. This provision shall survive the expiration or termination of this Agreement.
- PRIVACY: All entry and other information collected in this Promotion are subject to Sponsor's Privacy Policy located at www.MovinCool.com.
- WINNER LIST/OFFICIAL RULES: For name of winner send a self-addressed stamped envelope for receipt by 9/30/08 to: MovinCool Cool Summer ‘08 Sweepstakes, P.O. Box 8, Carlsbad, CA 92018-0008. For a copy of these Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES" for receipt by 9/5/08.