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THE
FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION,
PUERTO RICO AND OTHER US
TERRITORIES) AND SHALL ONLY BE
CONSTRUED AND EVALUATED ACCORDING
TO UNITED STATES LAW AND AMERICAN
ENGLISH. MUST BE 18 AND THE AGE OF
MAJORITY IN YOUR STATE OF RESIDENCE
OR OLDER.
Esurance "2009 Gay Days Orlando" Sweepstakes. Official Rules
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER
OR WIN. A PURCHASE, QUOTE OR PAYMENT OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING.
As
a condition of participating in this Sweepstakes, you agree to be fully and unconditionally bound by
these Official Rules and the decisions of the Sponsor and Administrator and
waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
1. ELIGIBILITY
The Esurance "2009 Gay Days Orlando"
Sweepstakes (the "Sweepstakes") is open only to legal residents of the 50
United States and the District of Columbia (excluding, without limitation,
Puerto Rico and other U.S. territories), who are at least 18 and the age of
majority or older in their state of residence at the time of entry.
Employees of
Esurance (as defined below), Gay Days, Inc. and The Marketing Agency, LLC, and
their respective parent and affiliate companies, advertising, design, web
design, web hosting and production agencies, as well as the immediate families (spouse,
parents, children, siblings, β including "step" as they may apply βand each of
their respective spouses, regardless of where they live), and members of any of their households whether related or not, are not eligible to enter. The
Sweepstakes is subject to all applicable federal, state and local laws and
regulations and is void where prohibited, licensed, taxed or restricted by law.
2. HOW TO ENTER
The Sweepstakes begins at 12:00:00 pm, Pacific Time ("PT") on February 5, 2009
("Game-Start"), and ends at 12:00:00
pm PT, April
30, 2009 ("Game-End"). Sponsor's computer clock
determines time.
There are
two (2) ways to enter the Sweepstakes:
You may go
to, or be directed by an advertisement to, esurance.com/orlando, esurance.com/gaydays,
esurance.com/pride, or esurance.com/instinct (collectively, the "Entry Page") and
complete a free, private passenger, automobile insurance quote including your email
address for which you are the Authorized User (as that term is defined below).
You may also click
on the registration link provided for such purpose on the Entry Page, and
register to enter without completing a quote by supplying your name, mailing
address, daytime phone number and email address for which you are the
Authorized User. "Authorized User" is defined as the natural
person who is assigned an email address by an Internet access provider, online
service provider or organization (e.g. business, educational institution, etc.)
that is responsible for assigning email addresses for the domain associated
with the email address.
Maximum one (1) entry per person or email
address during the Sweepstakes period regardless of method of entry. Any form of entry
other than those described herein is void. All entries, regardless of the method of entry, become the property of
the Sponsor and will not be returned or acknowledged.
3. DRAWING AND ODDS OF
WINNING
One Grand Prize winner will be randomly selected in a drawing from
among all of the eligible entries received from Game-Start to Game-End. The
drawing will take place on or about May 8, 2009. Sweepstakes administration and
winner selection and verification will be supervised by The Marketing Agency,
LLC, an independent judging organization whose decisions are final and legally
binding. No entrant or winner shall have the right to contest any decision by Sponsor
or the Administrator concerning any aspect of the Sweepstakes or the
interpretation of the Official Rules or the determination as to the
qualification of entries. Odds of
winning: Dependant on the number of eligible entries received from
Game-Start to Game-End. Potential
winner will be notified via email within five (5) days of selection. If a
potential winner does not respond to an email notice within three (3)
businesses days and supply/confirm all the contact information that is
requested, it will be understood by Sponsor that the prize has been
definitively declined for all time and another potential winner will be chosen
in random drawings.
4. GRAND PRIZE
Standard, double-occupancy accommodations for three (3)
nights at the Royal Plaza Hotel (including hotel taxes) in Lake Buena
Vista, FL; a total of Two Thousand Dollars ($2,000.00) in spending money which
may, at winner's discretion, be used toward transportation for winner and guest
to Florida to attend Gay Days Orlando 2009 ("Gay Days") events; a total of nine
(9) one-day or single-event tickets to any official Gay Days event or party, or
to participating Disney theme parks located in or around Orlando, FL, for use
only between June
2, 2009 and June 8, 2009; and two (2) VIP
passes to the Gay Days Film Festival, anticipated to be held for two days between June 2, 2009 and June 8, 2009. GRAND
PRIZE DOES NOT INCLUDE AIRFARE, TRANSFERS, OR ANY OTHER TRANSPORTATION OF ANY
KIND.Winner
is responsible for the payment of taxes on the Grand Prize and for any other
costs and expenses associated with the acceptance and use of the prize not
specifically described above, including, without limitation, travel to Orlando,
FL, meals and drinks, gratuities, telephone charges, incidentals and personal
expenses. The hotel stay and event, party and theme park ticket portions of the
Grand Prize must be used between June 2, 2009 and June 8, 2009; and
the Gay Days Film Festival Passes must be used during the Gay Days Film
Festival dates (anticipated to be held for two days between June 2, 2009 and June 8, 2009,
with such dates subject to confirmation and change at the sole discretion of
Gay Days, Inc.) and will be forfeited without any compensation to the winner to
the extent they are not used during such period. Grand Prize will be
awarded provided it is properly claimed. Approximate
retail value ("ARV") of Grand Prize: $3,300.
All
expenses not specifically provided for by Sponsor in these Official Rules are
the sole responsibility of the winner. Winner will be
asked to present a valid, major credit card upon hotel check-in to cover all
charges not specifically mentioned as part of the prize. Winner and travel companion (who must
be the age of majority in his/her state of residency and a legal resident of
the United States)
are responsible for: 1) respecting all local regulations, and (2) for full
compliance with the regulations of all venues.The Grand Prize is awarded "AS
IS" and WITHOUT WARRANTY OF ANY KIND, expressed or implied, (including,
without limitation, any implied warranty of merchantability or fitness for a
particular purpose) by Sponsor. There will be no substitution or compensation
for the Grand Prize or part of it if forfeited due to winner's or winner's
companion's non-compliance with all the venues' regulations or any other
reason. The right to receive the prize is non-assignable and non-transferable
and no prize substitution, transfer, cash equivalent or exchange will be
allowed except by Sponsor in its sole discretion.
All
taxes are winner's responsibility and an IRS
form 1099 will be issued for the year 2009 for the value of the prize.
5. WINNER NOTIFICATION
The Sponsor
will contact the winner within five (5) days after the drawing via email at the
email provided by winner on his/her entry. It is a potential winner's
responsibility to keep his/her email address current. It is a potential
winner's responsibility to respond to an email notification within three (3)
business days of the time it is sent. Failure to respond within the three (3)
business day period will indicate definitively that the Grand Prize has been
declined for all time and an alternative winner will be selected in a random
drawing. When a potential winner accepts the Grand Prize, he/she will receive
written confirmation via email, and he/she and his/her travel companion must
complete and sign an Affidavit of Eligibility, Liability and Publicity Release or an Affidavit of
Eligibility, Liability and Publicity Release (Travel Companion) as applicable and where legal, all of which must be
completed according to the instructions provided and faxed within two (2)
business days from the Affidavit notification date and returned within four (4)
business days or it may be concluded definitively that the prize has been
declined and, without further notice, an alternative winner will be selected in
a random drawing. Prize or prize notification that is returned as undeliverable
will disqualify the winner and an alternative winner will be selected in a
random drawing. Winner's travel companions must be identified at the time of
acceptance of the prize.
6. PUBLICITY
Except where prohibited by law, by entering the Sweepstakes, as a
condition of participating in this Sweepstakes and winning a prize, you agree to the use by Sponsor and
its designees of your name, photograph, likeness, statements,
biographical information, voice and city and state address for advertising and promotional
purposes for this and similar promotions, worldwide, and in perpetuity, in any
and all forms of media, now known or hereafter devised without additional
compensation, review or approval rights, notification or permission, except
where prohibited by law.At the option
of Sponsor, winner may be required to execute a Publicity Release.
YOU FURTHER
ACKNOWLEDGE THAT IF YOU ARE CHOSEN
AS A WINNER, YOUR IDENTIFYING INFORMATION MAY
BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A
WINNERS' LIST.
7. LIMITATION OF LIABILITY
Sponsor
is not responsible for: (1) stolen, lost, late, misdirected, damaged, undeliverable,
incomplete, inaccurate, delayed, or illegible entries due to technical, computer, mechanical,
printing, typographical, human or other errors relating to or in connection
with the Sweepstakes, including, without limitation, errors which may occur in
connection with the administration of the Sweepstakes, the mailing or
transmission of entries, notification or correspondence, the processing of
entries, the announcement of the prize or in any Sweepstakes related materials;
(2) technical failures of any kind; (3) failures of any of the equipment or
programming associated with or utilized in the Sweepstakes; (4) unauthorized
human and/or mechanical intervention in any part of the entry process or the
Sweepstakes; (5) technical or human error that may occur in the administration
of the Sweepstakes, the sending of entries or the processing of entries; or (6)
any injury or damage to persons or property that may be caused, directly or
indirectly, in whole or in part, from your participation in the Sweepstakes or
receipt or use of any prize.If for any
reason your entry is confirmed to have been erroneously deleted, lost or
otherwise destroyed, corrupted or for any other reason not accepted as an entry
into the Sweepstakes, your sole remedy is another entry in the Sweepstakes.
Sponsor may rescind any Sweepstakes entry found to contain such errors or
failures without liability at its sole discretion.
As a condition of participating in this
Sweepstakes, you agree to
release, indemnify and hold harmless Esurance Insurance Services, Inc., Gay Days, Inc. and The Marketing Agency, LLC and their respective parent companies, subsidiaries, affiliates, prize
suppliers, and advertising and promotion agencies, and each of their respective
agents, representatives, officers, directors, members, shareholders and
employees (collectively, "Releasees") from and against any injuries,
losses, damages, claims, actions and any liability of any kind, including
damage to your or any other person's computer, wireless device or network,
resulting from, arising out of, or in connection with your participation in the
Sweepstakes, including without limitation, your acceptance, possession, use,
misuse or nonuse (including any travel or travel-related activity) of a prize,
or your inability to access any web site or wireless service associated with
this promotion.You agree that the laws
of the State of California
will govern any and all disputes. All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or your and Sponsor's rights and obligations in connection with the
Sweepstakes, shall be governed by, and construed in accordance with, the laws
of the State of California, without regard for conflicts of law doctrine, and
all proceedings shall take place in San Francisco County, California.
If any provision of this Sweepstakes shall
be deemed to violate any federal, state or local law, regulation or ordinance,
it shall be amended to conform to such law and all other provisions shall
remain in full force and effect. If Sponsor is required by applicable federal,
state or local law, regulation or ordinance, or by action of an administrative
agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves
the right to (i) terminate the Sweepstakes in such jurisdiction or in its
entirety, and/or (ii) cancel and remove from participation in the Sweepstakes
any and/or all entries from entrants residing in such jurisdiction, without
penalty and without obligation to any Sweepstakes entrants.
As a condition of participating in this
Sweepstakes, you agree that (1)
under no circumstances will you be permitted to obtain awards for, and you
hereby waive all rights to claim, punitive, incidental, consequential, or any
other damages, other than for actual out-of-pocket expenses; (2) all causes of
action arising out of or connected with this Sweepstakes, or any prize awarded,
shall be resolved individually, without resort to any form of class action; and
(3) any and all claims, judgments, and awards shall be limited to actual
out-of-pocket costs incurred, but in no event attorneys fees. Some jurisdictions do not allow the limitation or
exclusion of liability for incidental or consequential damages, so the above
may not apply to you. Sponsor reserves the right to modify prize award procedures.
If in the
Sponsor's opinion, there is any suspected or actual evidence of electronic or
non-electronic tampering with any portion of the Sweepstakes, or if computer
virus, bugs, unauthorized intervention, fraud, or technical difficulties or
failures compromise or corrupt or affect the administration, integrity,
security, fairness, or proper conduct of the Sweepstakes, the Sponsor reserves
the right at its sole discretion to disqualify any individual who tampers with
the entry process and or void any entries submitted fraudulently, to modify or
suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random
drawing to award the prizes using all eligible, non-suspect entries received
for the applicable drawing as of the termination date.In the case of early termination, winner will
be drawn from eligible applications received up to the time of cancellation and
mailed entries postmarked up to the date of termination and received up to
seven (7) days later. Any discovered attempts by an individual to access any
web site associated with this promotion via robotic, automatic entry devices,
programs such as, but not limited to, by script, macro or any other automated
means, or other unauthorized entry will void all such entries by such methods.
ANY DISCOVERED ATTEMPT BY AN ENTRANT TO
DELIBERATELY DAMAGE ESURANCE'S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF
THE SWEEPSTAKES MAY BE IN
VIOLATION OF CRIMINAL AND CIVIL LAWS AND
SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND
DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT
OF THE LAW.
8. PRIVACY
Sponsor collects personal information from you when you enter the
Sweepstakes. The information collected is subject to the Sponsor's Privacy
Policies found at www.esurance.com and
The Privacy Policy of The Marketing Agency found at www.themarketingagency.com/html/aboutUs.htmland clicking on "Privacy Policy."
9. NAME OF GRAND PRIZE WINNER
For the name of the Grand Prize
winner, any person may mail a self addressed, adequately stamped, #10 business
envelope to Grand Prize Winner β Esurance "2009 Gay
Days Orlando" Sweepstakes. , c/o The Marketing Agency, 2881 East
Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306, to be received by
June 22, 2009. No mechanically reproduced or photocopied requests allowed; only
one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to
this address will be discarded.
10. SPONSOR
This Sweepstakes is sponsored by
Esurance Insurance Services, Inc. (("Esurance"), 650 Davis St., San Francisco, California
94111-1922, ("Sponsor") and is administered by The Marketing Agency, LLC, 2881
East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306
("Administrator").
11. OPT-OUT
If you do not wish to receive
any further notices from Esurance regarding sweepstakes offerings, send your
name and address to: Esurance, Attn: Opt-Out, 650 Davis St., San Francisco,
CA 94111
CONSUMER
DISCLOSURE: NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
WINNING.
You have not yet won a prize. The actual odds of
winning any prize will depend upon the total number of eligible entries
received for the applicable drawing. All entries must be received as indicated
above to be eligible for the drawing. Sweepstakes ends 12:00:00 pm, PT April 30, 2009. See Official Rules
above for complete prize restrictions. Sponsored by Esurance, 650 Davis St., San Francisco,
California 94111-1922.
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