ÒThe Ars Technica 2011
Child's Play DriveÓ
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN
THIS SWEEPSTAKES.
A purchase will not improve chances of winning.
CONSUMER DISCLOSURE
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS
OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA AND CANADA (EXCEPT THE
CANADIAN PROVINCE OF QUEBEC) WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF
ENTRY
By entering this Promotion,
entrants accept and agree to be bound by these Official Rules. Any violation of
these rules may result in disqualification. All decisions of the judges
regarding this Promotion are final and binding in all respects.
1.ROMOTION PERIOD. Promotion begins 12:01 AM ET 11/23/11 and ends 11:59 PM ET
1/04/2012 when all entries must be received (ÒPromotion PeriodÓ). Emailed on
online entries must be received by the end of the Promotion Period. Mail in entries must be postmarked by
1/4/12 and received no later than 1/9/12.
1.ELIGIBILITY. This sweepstakes is open only to legal residents of the 50 United
States, the District of Columbia and Canada (except the Canadian Province of
Quebec) who are at least 18 years old as of the date of entry, except officers,
directors, members, and employees of the Sponsor, the judging organization (if
applicable), or any other party associated with the development or
administration of this Promotion, and the immediate family (i.e., parents,
children, siblings, spouse), and persons residing in the same household, as
such individuals. This Promotion is void in the Canadian Province of Quebec,
outside the 50 United States/DC and Canada, and where otherwise prohibited.
1.HOW TO ENTER. There are three ways to enter: 1) make a donation to the ChildÕs
Play Charity and email a copy of your receipt to childsplay@arstechnica.com; or (2) enter without making
a contribution by printing your name, address, e-mail address (optional), and
daytime telephone number on a 3.5" x 5" to 4.25" x 6" post
card and mail it to: Ars Technica 2010 Child's Play Drive,Ó 700 Berkshire Lane,
Cincinnati OH, 45220 or (3 Visit http://arstechnica.com/gaming/news/2011/12/ars-technica-childs-play-giveaway.ars
during the
Promotion Period and follow the instructions to complete and submit the entry
form. All entries become the property of the Sponsor and will not be
acknowledged or returned. Limit: One entry per person and one entry per e-mail
address during the Promotion Period. All entrant information, including e-mail
addresses, is subject to the respective Privacy Policy of the applicable
Sponsor.
4. WINNER SELECTION AND NOTIFICATION. Winner
selection will be conducted by random drawing from all eligible entries on or
about January 10, 2012 (the ÒDrawing DateÓ). Any potential winner will be
notified by mail, email and/or telephone.
If a potential winner cannot be contacted, does not respond within five (5)
days from the date the Sponsor first tries to notify him/her, and/or the prize
or prize notification is returned as undeliverable, such potential winner
forfeits all rights to win the Promotion or receive the prize, and an alternate
potential winner may be selected. In the event a winner is a resident of
Canada, such winner will be required to correctly answer a time-limited
arithmetical skill-testing question. Upon contacting a potential winner and
determining that he/she has met all eligibility requirements of the Promotion,
including without limitation the execution of required waivers, publicity and
liability releases and disclaimers, such individual will be declared the ÒwinnerÓ
of the Promotion.
5. PRIZE DESCRIPTION. There will be seventeen (17) winners. The
prizes:
á1 Halo Xbox Bundle (ARV $399.99),
á3 copies of Halo Anniversary (ARV
$39.99 each),
á1 bundle with a modded Nerf
gun, poster, and Alien game (ARV $100),
á1 bundle of a high-end
keyboard, computer mouse, and gaming glasses (ARV $290),
á1 bundle of a guitar and
guitar-learning software (ARV $270),
á8 Skylanders games (ARV $70
each),
á1 bundle of Plants vs.
Zombies toys (ARV $60),
á1 signed copy of Ultima (ARV
$100),
á1 Modern Warfare Hardened
Edition (ARV $100)
6 TAXES. All federal, state and/or local income
and other taxes, if any, are the winnerÕs sole responsibility.
7. ODDS
OF WINNING. The odds of
winning this Promotion depend on the number of eligible entries received.
8. NO
PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is
transferable or redeemable for cash. Any portion of
the prize that is not used is forfeited. No substitutions for prize except by
Sponsor, in which case a prize of equal or greater value will be substituted.
9. CONSENT AND RELEASE. By entering the Promotion, each entrant
releases and discharges the Sponsor, judging organization (if applicable), and
any other party associated with the development or administration of this Promotion,
their parent, subsidiary, and affiliated entities, and each of their respective
officers, directors, members, shareholders, employees, independent contractors,
agents, representatives, successors and assigns (collectively, ÒSponsor
EntitiesÓ), from any and all liability whatsoever in connection with this
Promotion, including without limitation legal claims, costs, injuries, losses
or damages, demands or actions of any kind (including without limitation
personal injuries, death, damage to, loss or destruction or property, rights of
publicity or privacy, defamation, or portrayal in a false light) (collectively,
ÒClaimsÓ). Except where prohibited: (i) acceptance
of a prize constitutes the consent of any winner, without further
compensation, to use the name and likeness of such winner for editorial,
advertising and publicity purposes by the Sponsor and/or others authorized by
the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of
the Sponsor Entities of any and all Claims in connection with the
administration of this Promotion and the use, misuse, or possession of any
prize; (iii) any potential winner may be required to sign an affidavit of
eligibility (including social security number) and a liability/publicity
release; and (iv) if prize involves travel or activities, any potential winner
and travel companion (if applicable) may be required to execute releases of the
Sponsor from any and all liability with respect to participation in such
travel/activities and/or use of the prize.
Affidavits
and releases must be returned within ten (10) days from the date that Sponsor
first tries to notify the potential winner.
If winner
is deemed to be a minor under the jurisdiction of his/her residence, the prize
will be awarded in the name of his/her parent or legal guardian who must
execute the necessary affidavit and release and, if applicable, must accompany
winner on the trip (no additional travel expenses will be awarded should a
parent or legal guardian be required to accompany the winner on the trip).
10. DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or
incompletely received, for any reason, including by reason of hardware,
software, browser, or network failure, malfunction, congestion, or
incompatibility at SponsorÕs servers or elsewhere. In the event of a dispute,
entries will be deemed submitted by the authorized account holder of the e-mail
address submitted at the time of entry. ÒAuthorized
account holderÓ 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 institute) that is responsible
for assigning e-mail addresses for the domain associated with the submitted e-mail
address. (ii) Sponsor, in its sole discretion,
reserves the right to disqualify any person tampering with the entry process or
the operation of the web site or otherwise attempting to undermine the
legitimate operation of the Promotion. Use of bots or
other automated process to enter is prohibited and may result in
disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to
cancel, terminate or modify the Promotion if it is not capable of completion as
planned, including by reason of infection by computer virus, bugs, tampering,
unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not
responsible for errors in the administration or fulfillment of this Promotion,
including without limitation mechanical, human, printing, distribution or
production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole
discretion without liability.
In no event will Sponsor be responsible for awarding more than the
number of prizes specified in these rules. (v) In the event this Promotion is
cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random
drawing from among all eligible entries received up to the date of
discontinuance for any or all of the prizes offered herein. (vi) SPONSOR
ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED,
IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY
PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE
THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION
OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION
ATTORNEYSÕ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW,
INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set
forth above represent SponsorÕs good faith determination of the approximate
retail value(s) thereof; the actual fair market value(s) as ultimately
determined by Sponsor are final and binding and cannot be challenged or
appealed. In the event the stated
approximate retail value(s) of a prize is more than the actual fair market
value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be
given for any portion of the prize that is not used.
11. APPLICABLE
LAWS AND JURISDICTION. This Promotion
is subject to all applicable federal, state, and local laws and regulations.
Issues
concerning the construction, validity, interpretation and enforceability of these
Official Rules shall be governed by the laws of the State of New York,
without regard to any principles of conflict of laws. All disputes arising out of or connected
with this Promotion will be resolved individually, and without resort to class
action, exclusively by a state or federal court located in New York, New York. Should there be
a conflict between the laws of the State of New York and any other laws, the
conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable
law, all judgments or awards shall be limited to
actual out-of-pocket damages (excluding attorneysÕ fees) associated with
participation in this Promotion and shall not include any indirect, punitive,
incidental and/or consequential damages.
12. WINNER LIST. For a list containing the names of the winners, send a
self-addressed stamped envelope, within six (6) months of the Drawing Date, to:
Winner List, ÒArs Technica 2011 Child's Play Drive,Ó 700 Berkshire Lane,
Cincinnati OH, 45220.
13. SPONSORSHIP. This Promotion is
sponsored by Conde Nast, 4 Times Square, New York, NY 10036
(the ÒSponsorÓ).