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 β€”and 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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