Groovin’ On The Move Sweepstakes
OFFICIAL SWEEPSTAKES RULES
1. NO PURCHASE NECESSARY. Void in Rhode Island and where prohibited by law. Entrant must be 18 years old as of 09/10/07 and a legal resident of the 49 United States or the District of Columbia (excluding Rhode Island), physically located and residing therein. Employees of DiVid Entertainment, LLC (“Sponsor”)Scooters Galore, Inc., Trans World Entertainment, Sony Style, Hilltop New Media, Inc., Sony Pictures Digital Inc., Sony Pictures Entertainment Inc., (collectively and together with Sponsor, “Sweepstakes Entities”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the “Groovin’ On The Move” Sweepstakes (“Sweepstakes”), any agents acting for, or on behalf of the above entities, their respective parents, officers, directors, subsidiaries, affiliated companies, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes and the immediate family members (defined as parents, spouse, children, siblings, grandparents) of each such employees, and all those with whom such employees are domiciled (whether related or not), are NOT eligible. Anyone who attempts to defraud or in any way tamper with the Sweepstakes will be ineligible.
2. HOW TO ENTER: Sweepstakes begins at 3:00 p.m. Pacific Time (“PT”) on 10/01/07 and ends 11:59:59 p.m. PT on 11/01/07 (“Sweepstakes Period”). Visit Shakefire.com, fill in required entry information and click on the “Enter" button (“Entry”). Limit one (1) entry per person per the entire Sweepstakes Period. Entries in excess of that limit will be void. Entries must be received by 11:59:59 p.m. PT on 11/01/07.
3. SELECTION AND NOTIFICATION OF WINNERS: A potential Grand Prize Winner will be randomly selected in a drawing on or about 10/26/07 from all eligible entries received by Sponsor. Entries become the sole property of Sponsor and will not be returned. Potential Grand Prize Winner (his/her parent/legal guardian if potential Grand prize Winner is a resident of a jurisdiction that deems him/her to be a minor) will be notified by phone, mail and/or email. If a potential Grand Prize Winner cannot be reached after 5 days from first notification attempt, is found to be ineligible or does not comply with the Official Rules or his/her prize or prize notification is returned as undeliverable, the prize will be forfeited and an alternate potential Grand Prize Winner may be selected by a second random drawing. Entrants agree to be bound by the Official Rules and any and all decisions of the judges, which are final and binding in all respects.
4. PRIZES/ODDS OF WINNING:One (1) Grand Prize winner will receive a Prize Package consisting of, One (1) Sony Walkman ® S610 Series MP3 Video player and one (1) Sony S2 Sports™ Street Style® Headphones (Prizes awarded in the form of One (1) $150.00 Sony Style gift card), One (1) $500.00 gift certificate to Electric-Scooters-Galore.com, One (1) $100.00 gift certificate to f.y.e., One (1) Feel The Noise movie poster with a TOTAL ARV of $760.00. Five (5) First Prize winners will receive: One (1) Feel the Noise movie poster. TOTAL ARV OF EACH FIRST PRIZE: $10.00. TOTAL ARV of All Prizes is: $810.00
Odds of winning depend on the total number of eligible entries received.
5. PRIZE LIMITATIONS: All prizes listed above are subject to certain restrictions and qualifications of the Sweepstakes Entities. Except where otherwise expressly noted in these rules and regulations, the selection of all vendors, prizes, products and services is subject to the Sponsor’s sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of prizes are permitted except that Sponsor retains the right to substitute a prize of equal or greater retail value (or at Sponsor’s election, the cash value of the applicable prize) for any reason. Any depiction of prizes is for illustrative purposes only.
Items not specifically mentioned as being included as part of the Grand Prize are solely the responsibility of the Winners, and may include, but are not limited to, government fees and taxes and all other costs and expenses not otherwise mentioned herein. Sponsor reserves the right to add or eliminate any element of the Prize Package. If a component of the Prize Package is not available, that portion of the Prize Package will be forfeited, and no compensation will be awarded in lieu thereof.
The prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the affidavit and release and/or prize documents.
Sweepstakes is subject to these Official Rules and all applicable federal, state and local laws. Winners are solely responsible for all taxes on prize. Sponsor is not responsible for delay in prize delivery. Limit of one (1) prize per person per household.
The Gift Card issued by Sony Style and has no expiration date. The Sony Style Gift Card must be activated prior to its initial use and presented at time of purchase. The value loaded on the Gift Card is a pre-payment only for the purchase of products and services from sonystyle.com, SonyStyle stores and Sony Factory Outlet stores. No credit card, credit line, over draft protection or deposit account is associated with the Gift Card. The Gift Card may not be returned, redeemed or exchanged for cash, or used as payment on any Sony Style account except where required by law. No interest, dividends or any other earnings on funds deposited to a Gift Card will accrue or be paid or credited to you by Sony Style. The value associated with the Gift Card is not insured by the Federal Deposit Insurance Corporation. The Gift Card will not be replaced if lost or stolen and Sony Style will not be responsible for any unauthorized transactions on the Gift Card.
One (1) $500 Gift Certificate to be applied toward the purchase price of one (1) vehicle for sale (and in stock) on our website, www.electric-scooters-galore.com. If the transaction amount for the vehicle that is chosen is less than $500, no balance remaining will be refunded. If the transaction amount is over $500, the balance must be paid in full by the winner prior to shipment of item. Gift certificate value may be applied to shipping costs for the chosen item. The chosen item must be age-appropriate for the prize winner (within recommended guidelines for rider age, based on winner's age on the date that prize is awarded). Redeemable for six (6) months after date that prize is awarded.
6. WINNER’S RELEASE FORMS: Potential Grand Prize Winner (his/her parent/legal guardian if potential Grand Prize Winner is a resident of a jurisdiction that deems him/her to be a minor) must execute, notarize and return within 5 days of receipt by potential Grand Prize Winners an affidavit of eligibility, a liability release, a publicity release (where legal), and any other documentation that Sponsor requires. Except where prohibited by law and Sponsor’s Privacy Policy, any Winner’s acceptance of prize (or if potential Winner is a resident of a jurisdiction that deems him/her to be a minor, his/her legal guardian’s acceptance of prize) is permission for Sponsor to use Winner’s name, photo, likeness, biographical information, statements, voice, and address (city and state only) for advertising/publicity purposes worldwide and in all media, without further notice or compensation.
7.
LIMITATION OF
LIABILITY: By
entering the Sweepstakes, each entrant (his/her parent/legal guardian if
entrant is a resident of a jurisdiction that deems him/her to be a minor)
releases, indemnifies and shall hold harmless the Sponsor, Sweepstakes
Entities, and their respective parent companies, affiliates, subsidiaries,
service providers, officers, and employees from any and all liability for
losses/injuries/expenses of any kind (including, without limitation,
property damage, personal injury and/or death) resulting from participation
in the Sweepstakes including acceptance and/or use/misuse of prize, human
error, or any typographical or other error in the printing, offering or
announcement of prize. By entering the Sweepstakes, entrant (his/her
parent/legal guardian if entrant is a resident of a jurisdiction that deems
him/her to be a minor) also grants Sponsor the right to use entry
information for marketing purposes to the extent permitted by law and
Sponsor’s Privacy Policy, and releases Sponsor from any claims or liability
relating to such use. Additionally, by opting-in to specific offers from any
of the Sweepstakes Entities, entrant’s entry information will be subject to
their respective privacy policies and terms of service and entrant agrees to
receive additional email communication from those companies. Entrants (their
parents/legal guardians if entrants are residents of a jurisdiction that
deem them to be minors) agree that none of the Sweepstakes Entities has made
or is responsible for any representation or guarantee, express or implied,
in fact or in law, relative to any prize.
8. If for any reason
the Sweepstakes cannot run as planned, Sponsor reserves the right to
cancel/modify/suspend the Sweepstakes and conduct the Sweepstakes from all
salvageable entries received, if any prior to, and if applicable after, the
cancellation, modification or suspension or in a manner that is fair and
equitable. Sweepstakes Entities are not responsible/liable for multiple
entries entered by other than human means or other mechanical means, or for
entries that are late (including delayed data transmissions), illegible,
mutilated, forged, tampered with, destroyed, incomplete, lost, misdirected
mechanically duplicated, or entries otherwise not in compliance with
Official Rules (and all such entries will be disqualified). Sweepstakes
Entities are not responsible or liable for any technical malfunctions of the
telephone network, computer online system, computer dating mechanism,
computer equipment, software, or any combination thereof, or any damage to
an entrant’s or third person’s computer and/or its contents.
9. JURISDICTION: BY SUBMITTING ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, ITS ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
Entrants further understand and agree that they shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Sweepstakes, Feel The Noise, any other Sony Pictures Entertainment Inc. (or any of its respective parent companies, subsidiaries or affiliates) production, project or picture.
Entrants acknowledge that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
10. OFFICIAL RULES AND WINNERS LIST: For Official Rules/Winners List send (by 12/31/07) a self-addressed stamped envelope to: Shakefire.com Attn: "Groovin’ On The Move” Sweepstakes DiVid Entertainment, LLC 1353 Riverstone Pkwy, Suite 120-161 Canton, GA 30114. VT residents may omit return postage for Official Rules only.
11. SPONSOR: DiVid Entertainment, LLC 1353 Riverstone Pkwy, Suite 120-161 Canton, GA 30114