FOR
PERSONS WHO ENTER THE SWEEPSTAKES THROUGH THIS CREATIVE
PRESENTATION, THESE OFFICIAL RULES GOVERN ALL ASPECTS OF
PARTICIPATION AND PRIZE AWARD.
1. Introduction.
The Grand Prize Drawing ("Sweepstakes") is sponsored by
ePrize LLC, One ePrize Drive, Pleasant Ridge, Michigan 48069
("Sponsor"). Sweepstakes is offered in conjunction with
multiple companies ("Promoters") through different Web sites
("Creative Presentations"), announcing many different
prizes. The Promoter for this particular Creative
Presentation is TracFone Wireless, Inc. 8390 N.W. 25th Street, Miami,
Florida 33122.
One (1) winner will be selected in a random drawing from
among all entries received across all Creative
Presentations. The prize for which an entrant is eligible
depends on the Creative Presentation through which the
entrant entered the Sweepstakes. The odds of winning the
Grand Prize depends on the number of entries received in any
given Creative Presentation multiplied by the total number
of Creative Presentations. Void where prohibited.
ONLY ONE
(1) PRIZE ACROSS ALL CREATIVE PRESENTATIONS WILL BE AWARDED
IN THE SWEEPSTAKES.
2. Timing.
The Sweepstakes runs from July 27, 2006 at 12:00:01 a.m.
Pacific Time ("PT") and ends on January 15, 2007 at 11:59:59
p.m. PT("Promotion Period"). A Spanish version of the Sweepstakes will begin
on 7/27/06 at 12:00:01 a.m. PT and end on January 15, 2007
at 11:59:59 p.m. PT. Various Creative Presentations may be
added throughout the Promotion Period.
Voting Phase
Start Date
End Date
Voting Phase # 1
7/27/06
(for English) at 12:00:01 a.m. PT; 7/27/06 (for
Spanish) at 12:00:01 a.m. PT
11/30/06 at 11:59:59 p.m. PT
Voting Phase # 2
12/1/06 at 12:00:01 a.m. PT
12/15/06 at 11:59:59 p.m. PT
Voting Phase # 3
12/16/06 at 12:00:01 a.m. PT
1/15/07 at 11:59:59 p.m. PT
3. Eligibility.
The Sweepstakes is open to legal residents of the fifty (50)
United States (including the District of Columbia) who are
at least thirteen (13) years old at the time of entry.
Employees, officers and directors of Sponsor, Tracfone
Wireless, Inc, Promoters, (including Opus One Incorporation,
DBA Makeastar.com), their respective parents, subsidiaries,
and agents, as well as the immediate family (defined as
parents, spouses, children, siblings and grandparents) and
household members of each such employee, officer and
director are not eligible. By participating, entrant agrees
to abide by these Official Rules and the decisions of
Sponsor, which are final and binding in all respects. All
applicable federal, state, and local laws apply.
4. To Enter.
During the Promotion Period visit
www.TracfoneAudition.comand
follow the links and instructions for registration. After
you have completely filled out and submitted the
registration form a confirmation email will be sent to you.
Check your email, and follow the links and instructions to
gain access into the voting aspect of the Sweepstakes.
After successful registration, you will receive fifty (50)
entries into the Sweepstakes. The Sweepstakes will be
divided into three (3) Voting Phases as outlined above. The
Voting Phases will consist of groups that will be tournament
style comprised of matches between contestants. Vote on the
contestants that you like the best. You can only vote
during an official Voting Phase. During the Voting Phases,
you can vote for any one (1) contestant within any match,
and can vote in any or all matches available. You will
receive ten (10) Sweepstakes entries for each match that you
vote on until you reach three thousand (3,000) total
entries, the maximum amount for the Promotion Period. You
can still vote for fun after you have reached the maximum
and receive more points, but only a maximum of three
thousand (3,000) total entries will be used for the purpose
of the drawings. The contestant that received the most
votes in each match will move onto the next round until one
contestant wins the group he/she was placed into. All
entries must be received during the Promotion Period. In
the event of a dispute as to the identity of an online
entrant, the authorized account holder of the email address
used to enter will be deemed to be the entrant. Potential
winners may be required to show proof of being the
authorized account holder. The "authorized account holder"
is the natural person assigned to an email address by an
Internet service provider, online service provider or other
organization responsible for assigning email addresses for
the domain associated with the submitted address. LIMIT:
Each participant may receive three thousand (3,000) entries
during the Promotion Period. Multiple participants are not
permitted to share the same email address. Any
attempt by any participant to obtain more than the stated
number of entries by using multiple/different email
addresses, identities, registrations and logins, or any
other methods will void that participant’s entries and that
participant may be disqualified. All entries become the exclusive property of
Sponsor and the applicable Promoter and will not be
acknowledged or returned. Proof of sending will not be
deemed to be proof of receipt by Sponsor.
5. Selection of Potential Winners.
On or about April 20, 2007, Sponsor will randomly select one
(1) Promoter's Creative Presentation from among all Creative
Presentations. Sponsor will then select one (1) potential
Grand Prize Winner from among all eligible entries received
through the selected Creative Presentation. Entrant
selected must comply with all terms and conditions of these
Official Rules and winning is contingent upon fulfilling all
requirements. The potential winner will be notified by mail
and/or email within ten (10) days of the drawing. Except
where prohibited, potential winner
must execute the return to Sponsor, within ten (10) days of
being notified, an Affidavit of Eligibility, Liability &
Publicity release in order to claim his/her prize. If a
winner is a minor in his/her state of residence, the
winner’s parent/legal guardian will accept the prize on the
minor’s behalf. If the potential winner cannot be contacted
within ten (10) days of the first attempt to contact him/her
or if he/she fails to sign and return the Affidavit of
Eligibility, Liability & Publicity Release within the
required time period, an alternate entrant will be selected
in his/her place at random from among all eligible entries
received for the selected Creative Presentation. Only three
(3) alternate drawings will be held after which the prize
will remain un-awarded. Potential winner must comply with
all terms and conditions of these Official Rules and winning
is contingent upon fulfilling all requirements.
6. Prizes.Grand Prize: One (1) Grand Prize will be awarded.
The prize for which an entrant is eligible depends on the
Creative Presentation through which he/she entered.
Accordingly, the Grand Prize for a winner who entered
through this Creative Presentation will be $50,000.
Approximate Retail Value (“ARV”): $50,000. No substitution,
assignment or transfer of prize permitted, except by Sponsor
and Promoters, who reserve the right to substitute the prize
with another prize of greater or equal value. Winner is
solely responsible for any and all applicable fees and taxes
associated with prize receipt and use.
7.
Publicity. Except
where prohibited, participation in the Sweepstakes
constitutes winner's consent to Sponsor and Promoter's use
of winner's name, likeness, voice, opinions, hometown, state
and country for promotional purposes in any media without
further payment or consideration.
8.
General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify
or suspend the Sweepstakes should virus, bugs, unauthorized
human intervention, technical failures or any other factor
beyond Sponsor's reasonable control corrupt the
administration, security, fairness, integrity or proper
operation of the Sweepstakes. In such event, Sponsor
reserves the right to award the prize at random from among
the eligible entries received up to the time of impairment.
Sponsors reserve the right in their sole discretion to
disqualify any individual they find to be tampering with the
entry process or the operation of this or any other
Promotion or to be acting in violation of these Official
Rules or any other promotion, or in an unsportsmanlike or
disruptive manner. Any attempt by any person to
deliberately damage Sponsor's or any Promoter's Web site or
undermine the legitimate operation of this Sweepstakes may
be a violation of criminal and civil laws, and, should such
an attempt be made, Sponsor and Promoters reserve the right
to seek damages from any such person to the fullest extent
permitted by law. Sponsor's failure to enforce any term of
these Official Rules shall not constitute a waiver of that
provision.
9.
Release.By accepting any Sweepstakes prize, winner agrees that
Sponsor, Promoters (including but not limited to Opus One
Corporation, DBA Makeastar.com), Tracfone Wireless, Inc.,
their respective parents, subsidiaries and affiliated
companies, and the agents, employees, directors and officers
of these companies, are not liable whatsoever for any
injuries, losses or damages of any kind resulting in whole
or in part, directly or indirectly, from the acceptance,
possession, use or misuse of any prize or from winner's
participation in the Sweepstakes.
10.
Limitations of Liability. Sponsor, Promoters (including but not limited to Opus One
Corporation, DBA Makeastar.com), and Tracfone Wireless,
Inc., are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrants, printing
errors or by any of the equipment or programming associated
with or utilized in the Sweepstakes; (2) technical failures
of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone lines or network
hardware or software; (3) unauthorized human intervention in
any part of the entry process or the Sweepstakes; (4)
technical or human error which may occur in the
administration of the Sweepstakes or the processing of
entries; or (5) any injury or damage to persons or property
which may be caused, directly or indirectly, in whole or in
part, from entrant’s participation in the Sweepstakes or
receipt or useor misuse of any prize. If for any
reason an entrant's entry is confirmed to have been
erroneously deleted, lost, or otherwise destroyed or
corrupted, entrant’s sole remedy is another entry in the
Sweepstakes, provided that if it is not possible to award
another entry due to discontinuance of the Sweepstakes, or
any part of it, for any reason, Sponsor, at its 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. No more than the stated
number of prizes will be awarded. In event that production,
technical, seeding, programming or any other reasons cause
more than stated number of prizes as set forth in these
Official Rules to be available and/or claimed Sponsor
reserves the right to award only the stated number of prizes
by a random drawing among all legitimate, un-awarded,
eligible prize claims.
11.
Disputes. Entrant
agrees that: (1) any and all disputes, claims, and causes
of action arising out of or connected with this Sweepstakes,
or any prizes awarded, other than the administration of the
Sweepstakes or the determination of winners shall be
resolved individually, without resort to any form of class
action, and exclusively by the United States District Court
for the Eastern District of Michigan (Southern Division) or
the appropriate Michigan State Court located in Oakland
County, Michigan, U.S.A.; (2) any and all claims, judgments
and awards shall be limited to actual out of pocket costs
incurred, including costs associated with entering this
Sweepstakes but in no event attorneys' fees; and (3) under
no circumstances will entrant be permitted to obtain awards
for and entrant hereby waives all rights to claim punitive,
incidental and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and any and
all rights to have damages multiplied or otherwise
increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and
questions concerning the construction, validity,
interpretation and enforceability of these Official Rules,
or the rights and obligations of entrant, Sponsor and
Promoter in connection with the Sweepstakes shall be
governed by, and construed in accordance with, the laws of
the State of Michigan, U.S.A., without giving effect to any
choice of law or conflict of law rules of provisions
(whether of the State of Michigan, U.S.A., or any other
jurisdiction), which would cause the application of the laws
of any jurisdiction other than the State of Michigan,
U.S.A.
13.
Winner List/Official Rules.
For a list of the prize winners and/or set of Official
Rules, send a self-addressed, stamped envelope to "Tracfone
Sweepstakes/ Grand Prize Drawing Winner/Rules Request", c/o
ePrize, LLC, P.O. Box 8070 Royal
Oak, MI 48068-8070. Requests for winner list must be
received by July 20, 2007. Residents of Vermont may exclude
return postage.
